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LAWSUIT
continued from page 1
comment further about the incident
because the lawsuit is still open.
According to the complaint, former
EPD officer Roger Eugene Magana
and current officer Melvin Thompson
knocked on Piper and Dickenson's
door at 2:30 a.m. on Nov. 26, 2002.
Piper awoke, went to the door and at
tempted to look through the peep
hole, but one of the officers obscured
it. Unaware of who was outside, Piper
refused to open the door.
Thompson and Magana, who has
since been indicted on kidnapping,
rape and misconduct charges in sepa
rate incidents, then identified them
selves as Eugene police officers, but
"given the officers' prior actions, Piper
did not believe them and refused to
open the door without a warrant and
identification," according to the com
plaint.
Magana said in a police report that
he contacted Sgt. William Harris to
ask permission to enter the residence
to perform a welfare check. During a
welfare check, officers may enter a res
idence without a warrant to locate a
missing person, prevent injury or help
an injured person.
Harris, who is also being sued, au
thorized entry "despite the lack of cir
cumstances warranting a welfare
check," the complaint states.
Magana stated in his report that he
had been called to the residence be
cause of a noise violation; however,
the only audible noise outside the
residence was a "radio that was not
playing loudly," according to the
complaint. The officers cited Piper
and Dickenson for noise violations,
but they were later acquitted in Eu
gene Municipal Court.
Magana and Thompson contacted
apartment tenant Eric Bradley, who
was working part time in mainte
nance and cleaning, asking him for a
key to the apartment. Bradley initial
ly refused but provided a key after of
ficers "illegally threatened" the man
with arrest, according to the com
plaint.
Magana and Thompson entered
the home and ordered Piper, Dicken
son and two houseguests out of their
beds and onto the living room couch.
They were not allowed the use of the
bathroom while officers searched the
apartment, combing through private
dresser drawers and garbage cans.
"I had no clue who was pounding
on the door until the Eugene Police
stormed into our home and aggres
sively ransacked our personal belong
ings without any reason," Piper said
in a March 18 press release. "We had
no clue why they were in our home
and were very afraid of what they
might do to us."
Piper and Dickenson are also suing
the city to ensure that it "institutes
and follows the policies and proce
dures designed to prevent other Eu
gene residents from being harmed in
a similar manner," according to the
press release.
"The following allegation is likely
to have evidentiary support after a rea
sonable opportunity for further
investigation or discovery: The City of
Eugene has made or allowed numer
ous other similar incidents of unrea
sonable search and seizure, and mon
ey damages are therefore inadequate
to remedy the injury, making injunc
tive relief necessary and appropriate,"
the complaint stated.
University senior Patrick McEach
ern faced three charges relating to a
party he hosted in late 2002 after Eu
gene Police climbed onto a balcony
and entered his apartment. Similar to
Piper and Dickenson's case, however,
a municipal judge dropped the
charges against the business adminis
tration major after finding that EPD
illegally entered the residence.
EPD Spokeswoman Kerry Delf said
the department has received com
plaints about welfare checks in the
past, but exact numbers have not
been compiled.
In the press release, Piper said the
failed police review process could
have prevented Magana's other
crimes. Magana has been indicted on
51 charges, ranging from rape to kid
napping and official misconduct, and
will appear for trial in June.
Olshanski said the illegal entry law
suit and Magana's arrest aren't related
in any way.
"The other officer that was named
in this had nothing to do with the on
going Magana investigation related to
the sex crimes," she said.
Contact the campus/
federal politics reporter
at jaredpaben@dailyemerald.com.
BIKES
continued from page 1
at the scene until a DPS officer arrives.
Bicyclists who ride on a sidewalk and
don't give an audible warning to a
pedestrian they approach and pass may
receive an $89 fine Bike riders may also
receive an $89 fine for riding their bike
in areas not permitted for bike use.
Although there are many hefty fines
tacked on to breaking these rules, Hicks
said DPS doesn't go after every bike rid
er who disregards them.
"(DPS) enforces flagrant violations,"
Hicks said. "It is expected that every
body uses common sense when riding
a bike. Everybody is expected to obey
the rules of the road."
But University journalism Professor
Debra Merskin said DPS should en
force the rules more stricdy.
"Many of us want to trust Public
Safety to keep us safe," she said.
"Given the regularity with which
(a bike accident) happens it seems in
(DPS') best interest to monitor the
walkways."
Merskin had a run-in with a bicy
clist in front of the Knight Library
March 10. She said classes had just
gotten out right before noon, so the
area was crowded. She saw a man hop
onto his bike and kick off to get going,
and he ran right into her.
Merskin said she was hit on her
right cheek bone, by what she deter
mined to be an arm or hand, and she
said the impact sent her flying back
ward several feet. She landed on her
right elbow, which was badly bruised
and scraped, and her face and jaw
hurt for several days.
"I don't believe bicyclists should be
riding on the sidewalks," Merskin said.
"I understand the urgency of getting
places, but 13th (Avenue) and some of
the driveways permit bike access."
She added that bikes and skateboards
should be used on the streets.
Merskin said she is concerned that
collisions with bike riders are becom
ing a problem, and she said she knows
of other faculty who have had similar
incidents. She said there have been
many times when she has had to jump
out of the way of bicyclists or they have
come up behind her asking her to
move out of the way, which she consid
ers "rude" and "dangerous."
Hicks said the Public Safety Adviso
ry Group has created a sub-committee
to look into bicycle safety on campus. S'*
Hicks said he hopes it will provide
him with guidance to improve bike
use and possibly create a bike-use ed- -
ucational campaign followed with a
plan to enforce regulations.
The committee will examine bicycle
use at other universities and how those
universities enforce their rules, he said.
Contact the crime/health/
safety reporter
at lisacatto@dailyemerald.com.
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Today's crossword solution
NEWS BRIEF
Campus Glenwood closes
for renovations
The Campus Glenwood Restaurant,
located at 1340 Alder St., is dosed for
renovations this week as it celebrates
its 25th anniversary.
The improvements indude a larger
cooking surface and new cooking
equipment in the kitchen, along with
a new dimate control system and re
pairs to the building's structure, own
er Jacqui Monninger said.
"We're painting inside, refmishing
the hardwood floors," she said. "The
new hood over the stove is going to be
a big improvement because before
when we burned a piece of toast, it
smoked up the whole dining room."
Monninger said the repairs will not
affect the price of food at the restaurant
"We've been saving for years here,"
she said. "I think it's going to make it
a better place to work, but in terms of
a customer's point of view, the num
ber of tables we have versus the size of
the kitchen will be a better fit. There
won't be those times where there is a
half an hour wait for your food be
cause we're too busy. *
The restaurant's original location on
Franklin Boulevard opened in 1976.
Monninger bought the company in
1978 and the business moved to 2588
Willamette St. In 1982, she opened the
campus location. Before the Glenwood
moved in, the building had been
home to another restaurant, a book
store, and, originally, apartments.
"I really like the old building, little
by little it's getting to where it should
be," Monninger said. "It got neglected
for a long time."
— Steven Neuman
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