VOL. 110 | NO. 87 | Thursday, May 2, 1996
William Frank Rook and Karon Rook vs. city of Bartlett, city of Bartlett Police Department, Bartlett Mayor Bobby Flaherty, police director Don Wray, patrolmen John David Owen and David Jones, officer Gary L. Rikard, Capt. R. Carter, Lt. Robert Owens, Lee Lewis, Troy L. Thompson and Hollie Migues. An April 25 incident at 5528 Elmore Road in Bartlett is the source of a civil rights lawsuit in Circuit Court. According to the suit, defendant Hollie Migues sought the assistance of the Bartlett Police Department in settling a civil dispute she had with Frank Rook concerning an automobile which she claimed was hers but which was in Rooks possession. The plaintiff alleges that, upon being confronted by Migues and police officers at his home, he explained that he held a mechanics lien for parts and repair service on the vehicle. During the incident, Migues told the officers that there were other stolen vehicles on Rooks property and on checking the vehicle registration numbers, three vehicles were reported stolen, according to the suit. The plaintiff alleges he explained his possession of the vehicles and had documentation demonstrating that he was the good faith purchaser of the vehicles. According to the suit, the officers did not attempt to verify the information but arrested Rook and forcibly entered the house and began an unwarranted search. Karon Rook was taken from bed undressed and held in custody but without formal arrest during the search, according to the suit. The plaintiff alleges that during the search a briefcase which held documentation for the vehicles was seized. The vehicles were towed and subsequently disposed of before the conclusion of the case, and all criminal charges against the plaintiff were dismissed by the office of the Shelby County attorney general, according to the suit. The plaintiffs allege that the unlawful seizure, arrest and imprisonment of the plaintiffs was in violation of their constitutional rights. The plaintiffs are seeking damages to be determined at trial. The attorney for the plaintiffs is Michael J. Gatlin.
Carol Clark, Christine Gibbs and Ernest Gibbs vs. Carol C. Walton. A Marysville, Tenn., woman and a Memphis couple are suing a Memphis woman in Circuit Court. According to the suit, Carol C. Walton was conducting an advertised and obvious garage sale at 8 W. Viking Drive on Oct. 6. The suit alleges that when Carol Clark stopped at the garage sale, she was attacked by two Old English sheep dogs, which bit her on the hips and buttocks and tore her clothing. Later that day, plaintiffs Christine and Ernest Gibbs were also attacked by the two dogs when they stopped at the garage sale, according to the suit. Ernest Gibbs was bitten on the left thigh and knocked to the pavement, and Christine Gibbs, who was pregnant, fell as she attempted to escape the dogs, according to the suit. The three plaintiffs are suing for a total of $50,000 in compensatory damages and $35,000 in punitive damages. The attorney for the plaintiffs is Stanley J. Kline.