Rodin's driver's lawsuit motors ahead

Part of a $3 million lawsuit accusing the University of illegally searching the car of University President Judith Rodin's former driver and bodyguard can proceed to trial, a federal judge ruled recently. Donald Gaines, hired as Rodin's driver and bodyguard in April 1995, was fired in March 1996 after University Police found a gun and marijuana in his car, parked in the University-owned garage at 38th and Walnut streets. He was never charged with a crime. Gaines sued the University, accusing officials of conspiracy, invasion of privacy, causing emotional distress and violating his civil rights. In an October 6 decision, U.S. District Court Judge Clarence Newcomer dismissed the conspiracy and invasion of privacy claims, as well as some civil rights charges. But Newcomer allowed several other civil rights claims and the emotional distress charges to proceed against the University and Rodin. Newcomer also ruled that Gaines couldn't name the University Police Department as a defendant, because it was legally the same entity as the University. "My client is very happy that the main constitutional essence of the complaint survives as against the main defendants," said Marc Perry, Gaines' attorney. "He's ready to proceed and take it to court." University spokesperson Ken Wildes did not return phone calls for comment yesterday. Gaines and his wife, Joyce, filed the lawsuit May 13 in U.S. District Court in Philadelphia, naming as defendants the University Police Department, then-University Police Officer John Washington, the University, Rodin and her chief of staff, Stephen Schutt. Washington, who searched Gaines' car, was promoted to sergeant in May. Gaines, a 23-year veteran of the Philadelphia Police Department, claims that University Police officers were out to get him because they wanted Rodin to hire a guard from within the department. After Gaines parked his car on Feb. 26, 1996, Washington searched the vehicle and its trunk, discovering Gaines' unloaded weapon and three hand-rolled marijuana cigarettes. Gaines had a permit to carry the revolver. The lawsuit charges that the search was committed without probable cause. The incident forced the Gaineses to file for bankruptcy, and University officials humiliated Gaines in the press, he charges. In allowing parts of the suit to proceed, Newcomer ruled that Gaines "sufficiently alleged" that his supervisors, the University and Rodin, could be held liable for illegally and unconstitutionally searching his car. But Newcomer dismissed Gaines' invasion of privacy claims because state law require a plaintiff to file such a claim within one year of the alleged violation. A pretrial conference is scheduled for 11:15 a.m. next Tuesday in Newcomer's chambers. No trial date has been assigned yet.

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