Pubdate: Thu, 25 Sep 2003
Source: Dispatch, The (NC)
Copyright: 2003, The Lexington Dispatch
Contact:  http://www.the-dispatch.com/
Details: http://www.mapinc.org/media/1583
Author: Rachel Leonard

HEGE AND WOODALL TARGET OF COUNTY MAN'S LAWSUIT

A Davidson County man who says now-suspended Davidson County Sheriff Gerald 
Hege and imprisoned former narcotics officer Scott Woodall violated his 
civil rights has filed a federal lawsuit seeking more than $100,000 in damages.

Darick Lynn Owens, 36, also claims Hege was negligent in hiring and 
retaining Woodall as a narcotics officer. He filed the lawsuit Sept. 15 in 
North Carolina's Middle District of U.S. District Court.

Owens was convicted on drug charges stemming from an incident in 2000, but 
his sentence was overturned after Woodall and two other Davidson County 
deputies, Doug Westmoreland and Billy Rankin, pleaded guilty to drug 
distribution charges. The former officers are now serving time in federal 
prison.

The lawsuit gives the following account of events:

On Sept. 16, 2000, Woodall planted marijuana and Ecstasy in Owens' vehicle. 
He then told another unnamed deputy that he had received a Crimestoppers 
tip that Owens had a large amount of drugs in the vehicle. That deputy 
searched Owens' vehicle but did not find any drugs.

The next day, Woodall told the deputy that he had received another 
Crimestoppers tip that drugs were in Owens' vehicle. This time, Woodall 
accompanied the deputy to search the vehicle. Owens gave the deputies 
consent to search the vehicle and said if any drugs were found in his 
vehicle, they had been planted.

The officers found the drugs under the driver's seat of the vehicle and 
arrested Owens on charges of possession with intent to sell and deliver 
schedule I and IV controlled substances, maintaining a vehicle for a 
controlled substance and possession of drug paraphernalia. Owens was held 
in the Davidson County Detention Center for 50 days before pleading no 
contest to felony drug possession and receiving a sentence of two years 
with supervised probation.

Owens was later interviewed by Federal Bureau of Investigation agents 
during their investigation of Woodall and the other law enforcement 
officers. On March 18, 2002, the district attorney's office dismissed the 
charges, and a Superior Court judge overturned Owens' conviction.

According to District Attorney Garry Frank's dismissal motion, Woodall had 
set up Owens "in retaliation for a domestic dispute."

In the lawsuit, Owens' lawyer, David Smith of Greensboro, argues that 
Woodall and Hege deprived Owens of his rights as guaranteed by the Fifth 
and 14th amendments to the U.S. Constitution, which prohibit unlawful 
search and seizure and guarantee due process, and the first article of the 
state constitution.

Hege, he argues, was in effect also responsible for Woodall's conduct.

According to the lawsuit, Hege "willfully failed to exercise proper 
supervision and control" of Woodall; failed to "establish reasonable 
policies and take reasonable precautions in the hiring, promotion and 
retention of officers," specifically Woodall; retained Woodall even though 
Woodall "had shown a propensity for falsifying evidence, perjury and other 
illegal conduct" during drug investigations; and failed to properly train 
officers in lawful investigations, evidence collection and accountability.

"Defendant Hege knew or should have known of defendant Woodall's illegal 
propensities prior to the incident and failed to take action to prevent 
defendant Woodall's acts of misconduct," Smith stated in the lawsuit.

Owens is seeking compensatory damages of more than $100,000 for his 
suffering and expenses incurred by his arrest. He is also seeking an 
undetermined amount of punitive damages and reimbursement for court costs 
and attorney's fees.

Hege's attorney, William Hill of Greensboro, said this morning he has not 
yet been served with the lawsuit and could not comment on the allegations.
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