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Source: The Greeneville Sun By AMY ROSE Staff Writer A Chuckey couple has filed a $2 million lawsuit in U.S. District Court here, claiming their state and federal civil rights were violated by several employees of the Greene County Sheriff's Department. William David Fowler and Linda Ann Yarber Fowler filed the lawsuit Jan. 24 against Greene County Sheriff Steve Burns; deputy sheriffs Mike Fincher, John Huffine and James "Buddy" Randolph; other unnamed deputies, and the Greene County government. The defendants have not yet filed a formal response.
Greene County Attorney Roger Woolsey said this morning that he has a copy of the lawsuit and plans to file a response. Woolsey did not comment further. Sheriff Steve Burns said this morning he could not address the specifics of the suit. However, he said he considers the investigation of the case to be "ongoing." "We will file the facts in our answer (to the suit)," Sheriff Burns said. The Fowlers allege that they were falsely accused of being involved in a theft ring, and, as a result, were threatened during lengthy questioning and jailed without being informed of their rights. According to the Fowlers' complaint, the couple hired two men in November 2006 to do carpentry, home repairs, and landscaping at their Greene County property. After working for about a month, the men sold a farm-type tractor and trailer to the couple and never returned to work, the complaint states. A short time later, the Fowlers saw an article in a local newspaper stating that the two men had been arrested and jailed in Unicoi County on theft and burglary charges, the complaint says. The Fowlers immediately contacted the Unicoi County Sheriff's Department and asked officers to come to their home to investigate if the tractor was stolen property, according to the complaint. It was discovered that the equipment had been stolen in Washington County, according to the complaint, and the owner retrieved the tractor from the Fowlers' property the next day. "At that time, no other stolen items were identified or found on this property, and none were present to the best of the plaintiffs' knowledge," the complaint states. Deputies Search Home On Feb. 3, 2007, David Fowler found a riding lawn mower covered with a tarp in his garage. He did not recognize the tarp-covered item and hadn't noticed it previously, according to the complaint. Fowler reported the item to the Unicoi County Sheriff's Department. Later that day, Fincher, Huffine, Randolph, and other Greene County deputies entered the Fowler property and residence to conduct a search, the complaint states. The search, according to the complaint, allegedly was done while the Fowlers were not at home, without their permission, and without a valid search warrant. Later that same day, the deputies returned and detained the Fowlers during another search, the complaint says. According to the Fowlers' complaint, the deputies threatened and intimidated the couple and unlawfully detained them for three to four hours before leaving the property. The Greene County sheriff's deputies made numerous threats, berating and screaming that if the couple did not confess, they would be taken to jail, the complaint alleges. "Plaintiffs refused to confess to offenses they did not commit," the complaint states. On Feb. 5, according to the complaint, the deputies returned to the property, took Linda Fowler into custody, and ordered David Fowler to appear at the Sheriff's Department later that day. The deputies placed Linda Fowler in handcuffs, with her hands restrained behind her back, and physically forced her into the back seat of a patrol car with her face down on the seat of the car, the complaint says. She was placed in a holding cell at the Greene County Detention Center without being informed of what, if any, charges were being placed against her, the complaint states. Mrs. Fowler was forced to change into a jail uniform, "was imprisoned in handcuffs and shackles in a filthy holding cell for several hours before being taken to an interrogation room," the complaint continues. According to the complaint, she was questioned for two to three hours by Fincher and other deputies who yelled, screamed, berated, threatened and intimidated her. Mrs. Fowler was not read her rights or allowed to make a telephone call, the complaint says. Deputy Fincher told her he could hold her for three days without charging her unless she told him what had happened, the complaint states. Mrs. Fowler was returned to a holding cell with no furniture and forced to lie on the floor, where she stayed until she was released later that night, according to the complaint. Mr. Fowler Jailed David Fowler appeared when he was ordered to appear, was forced to change into a jail uniform, and was placed in a "filthy drunk tank with human feces and blood," the complaint says. He also was not informed of any charges being placed against him, according to the complaint. Mr. Fowler remained in the holding cell for several hours before being placed in shackles and taken to an interrogation room, the complaint states. For about three hours, Deputy Fincher "screamed, yelled, berated, intimidated and threatened" David Fowler and demanded that he confess to a crime, the complaint says. Innocence Insisted Upon Both Linda and David Fowler maintained their innocence during the interrogations, according to the complaint. They were not taken before a judge and were not provided their right to be released on bail, the complaint states. Both Fowlers were released and told they would be charged at a later time, according to the complaint. The couple is suing the deputies involved in the searches, detentions and interrogations, and Sheriff Burns for breaching his duty through improper training of his officers. They also claim Greene County is liable for negligence of its employees. The couple is represented by Knoxville attorney Herbert Moncier. The Fowlers allege they suffered psychological and physical injury, were required to incur the cost of legal defense, and suffered emotional distress, mental anguish, lost earning capacity, and damages to their reputations. Each of the two plaintiffs is seeking $1 million in damages. Source: http://www.greenevillesun.com/site/Story/292582
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