Polk County Police suit dismissed
by Melody Dareing
Jun 11, 2012 | 2384 views | 0 0 comments | 11 11 recommendations | email to a friend | print
A federal lawsuit against Polk County and many of its key law enforcement officials has been dismissed, according to documents.

Tracy Robinson sued the county, Det. Joe Weldon, Polk County Police Chief Kenny Dodd, Polk County Assistant Chief Kiki Campbell, and Polk County Sheriff Kelly McLendon in 2011 alleging the Polk County Police Department illegally seized farming equipment when it conduced raids on suspected illegal car theft enterprises in 2009.

The suit was dismissed with prejudice, according to a copy of the dismissal from the U.S. District Court in Rome.

It isn’t known if the dismissal was related to a settlement agreement or to a similar case pending in Superior Court.

The defendants’ attorneys, Robert Womack and Steven Rodham, had asked last October that the case be removed from the federal court docket because of the local civil court action.

The county’s attorneys and Robinson’s attorneys could not be reached for comment and have not yet returned telephone calls.

The original complaint states there wasn’t a search warrant for the property and there wasn’t reasonable suspicion the equipment was stolen.

Robinson sued after the county refused to release the equipment even though it was given evidence the items were legally purchased, documents state.

The county argued that it is protected by sovereign immunity and that any injuries suffered as a result of the investigation is the result of the Robinsons’ actions and conduct.

The originally suit called asked for damages of $600 a day per defendant for the time the equipment remained in county custody, $250,000 in punitive damages, money to deliver the equipment back to the property, and legal fees.

The dismissal states both parties would pay their own legal fees, but doesn’t reference any other agreements.
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