Pubdate: Tue, 08 Jan 2002
Source: Knoxville News-Sentinel (TN)
Copyright: 2002 The Knoxville News-Sentinel Co
Contact:  http://www.knoxnews.com/
Details: http://www.mapinc.org/media/226
Author: Laura Ayo

SUIT SAYS OFFICER PLANTED EVIDENCE

A Knoxville Police Department officer planted marijuana in his police 
cruiser so he could falsely arrest someone, a federal civil rights lawsuit 
claims. William Henry Smith, 51, and his wife, Elizabeth Louise Smith, sued 
officer Ray McClain, Chief Phil Keith and the city for false arrest, false 
imprisonment, malicious prosecution, excessive force and other civil rights 
violations.

City Law Director Michael Kelley said his office will investigate the 
allegations, vigorously defend Keith and the city and will likely provide 
outside counsel for McClain.

Kelley added he's not aware of any physical injury to William Smith that 
would warrant the $3 million being asked for in damages.

The lawsuit stemmed from a Jan. 6, 2001, incident in which Smith says 
McClain confronted him about having an open beer can as he was retrieving a 
cell phone out of the car parked in front of his Catalpa Avenue home.

"Pursuant to the policies and customs of the Knoxville Police Department, 
(McClain) stopped (Smith) because he was an African-American man on the 
street after dark," the lawsuit charges.

McClain, according to the petition, placed Smith in the back of his patrol 
car after Smith denied the officer's claims that Smith had a beer can.

"Upon (Smith) asking for (McClain's) badge number, (McClain) became angry 
and began screaming obscenities at (Smith)," the lawsuit alleges.

After some more questioning about the beer can, the lawsuit states McClain 
released Smith from the patrol car.

McClain "manufactured evidence by placing a substance in the back of his 
patrol cruiser as a plant so as to falsely arrest" Smith, the lawsuit contends.

The officer, according to the complaint, accused Smith of putting marijuana 
in his vehicle, assaulted him, "took him to the ground," handcuffed him and 
transported him to the Knox County Jail.

A Knox County General Sessions Court Judge dismissed on Sept. 17 the simple 
possession/casual exchange of marijuana charge McClain lodged against 
Smith, according to court records and the lawsuit.

McClain "presented false evidence to the Knox County General Sessions Court 
that created a reasonable increased risk that (Smith) would be convicted," 
the lawsuit claims.

McClain also, "in concert with other employees" of the police department 
and Keith, used false evidence in an internal affairs investigation which 
was "designed to obstruct justice, cover up and justify the wrongful 
conduct" of McClain, the lawsuit charges.

The lawsuit, filed Friday by attorneys Herbert S. Moncier and Ursula 
Bailey, also claims Keith failed to conduct a complete or impartial 
internal investigation of McClain's conduct in furtherance of a cover-up.

"The allegations against Chief Keith and the city with regard to some 
cover-up are outlandish, offensive and frivolous," Kelley said. "I'm 
surprised plaintiff's counsel would make such allegations because Mr. 
Moncier is an honorable man."

Keith said the internal investigation has been concluded, but he hasn't 
finalized the disposition because the investigation dealt with three cases 
involving the officer. He said he expects to issue a disposition within the 
next couple of weeks.
- ---
MAP posted-by: Beth