- Associated Press - Wednesday, May 27, 2015

EUGENE, Ore. (AP) - A former Eugene city councilor’s wife is suing the city and two police officers, saying the officers abused their power when issuing her a series of traffic tickets for heavily tinted car windows, which doctors recommended she use.

Jane Kelly, wife of former Councilor David Kelly, seeks unspecified damages in the suit filed last week in U.S. District Court, the Register-Guard of Eugene reports (https://is.gd/0fDdSo).

The suit claims officers John Risko and Barry Rager stopped Kelly four several times to write her tickets for driving with overly tinted car windows, despite knowing doctors had said the darker glass would protect her health. Kelly has a diagnosis of discoid lupus, which causes her skin to be hypersensitive to light.

Kelly’s attorney, Brian Michaels, said Kelly was ticketed three times for violating state law by operating a vehicle with windows that allow in less than 35 percent of ambient light. She fought and lost one of those cases in court and paid fines on the other two without challenging them.

The fourth ticket charged Kelly with driving an unsafe vehicle. A judge found her guilty in November after a trial.

Police Chief Pete Kerns said Kelly’s allegations had been investigated by his department and the city’s human resources department. Both investigations concluded the officers’ actions were lawful.

Kerns said the fact that Kelly was convicted of the violations multiple times in court supports the city’s conclusions.


Information from: The Register-Guard, https://www.registerguard.com

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