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Title: Subway Shop Sues Utah Town & Police After Employee Cleared of Drugging Officer’s Drink
Source: The Daily Sheeple
URL Source: http://www.thedailysheeple.com/subw ... drugging-officers-drink_082017
Published: Aug 10, 2017
Author: RT.com|
Post Date: 2017-08-11 08:56:16 by Deckard
Keywords: None
Views: 442
Comments: 27

The owners of a Subway sandwich shop are suing the Layton City Police Department in federal court for waiting too long to publicly disavow false allegations that an employee drugged a police officer’s lemonade last year.

A Subway sandwich shop in Layton, Utah, filed a federal civil rights lawsuit against the town and police department on Tuesday, alleging they wrongly accused an employee of drugging an officer’s drink last year.

In August 2016, Layton officers accused Tanis Ukena, an 18-year-old employee, of lacing a sergeant’s lemonade with methamphetamine and THC, a psychoactive compound found in marijuana.

Moments after taking a few sips of his drink, the unnamed officer reported that he felt impaired and had trouble driving and answering questions. An ion scanner test later showed the presence of drugs in the drink, but the lawsuit claims that the test that was conducted has a “known high false positive rate,” according to the Salt Lake Tribune.

Ukena was arrested and booked into the Davis County Jail on one count of surreptitiously administering a poisonous substance, a second degree felony. After that, Ukena received multiple death threats and Dallas Buttars and Kristin Myers, the franchise owners, said their business dropped 30 percent.

The story made national headlines, and Buttars and Myers said that several other employees quit after being grilled by police. In total, they claim their business lost $300,000 due to the incident.

“My life has been changed forever. It will never be the same,” Myers said, according to the Associated Press“It’s always going to be known as the store that drugged the cop.”

The state crime lab conducted several tests of the drink and said the “initial test results could not be duplicated,” according to Deseret News. The police did not find any evidence the officer was drugged, even after conducting searches with a drug-sniffing dog and testing the officer’s blood and urine.

After two months, the state crime lab concluded that there was nothing illicit in the officer’s drink, and Layton police announced Ukena would not be charged.

The lawsuit alleges that the police department told reporters that the officer had been drugged “before it knew whether any crime had been committed, and before it knew whether anyone had in fact been poisoned,” according to the Salt Lake Tribune.

Robert Sykes, the attorney representing the franchise owners, claims the police had evidence that the officer was not drugged well before the tests came back from the state crime lab, yet they did nothing to clear the owners or employees.

“Don’t keep these people on the hook and don’t keep the public in ignorance for two months,” Robert Sykes, the attorney representing the franchise owners, said, according to Deseret News“They may have had probable cause to arrest him. But they didn’t have license to defame him or other people, especially in light of what they knew. Especially in light of what they knew when they defamed him. They knew that there were no drugs found.”

Layton City Attorney Gary Crane said the officers did nothing wrong and that he was “very surprised” by the lawsuit.

“We stand behind our police officers 100 percent. I’ve gone over all of the evidence and the officers did their jobs in protecting not only the public, but individual businesses like Subway,” Crane said, according to Deseret News.

Ukena is currently serving a mission for the Church of Jesus Christ of Latter-day Saints. The officer who became ill still works for the department. Police still do not know what caused the officer to become sickened that day.


Poster Comment:

Comment from the site:

The cop knew that the department would take his side and nothing would be done to him when it was determined that the Subway employee had not roofied him.

My take: this piglet was trying to set up a lawsuit against Subway and maybe LDS in the hope that a couple of deep-pocket defendants would settle out of court. Or, it could have been like dav1bg said - this particular Subway franchise pissed off the local cops and this piglet was looking for payback.

In either case the piglet obviously wasn't too smart (surprise, surprise).

Hope this lawsuit burns the Layton PD to the ground. And file federal civil rights charges against the piglet and his department.

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#1. To: Deckard (#0) (Edited)

Trolling for a lawsuit does seem like the most obvious motive.

Tooconservative  posted on  2017-08-11   9:05:22 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

"The cop knew that the department would take his side ..."

Sure. Why wouldn't they? Especially when the test came back positive.

But to their credit, the state subjected the sample to further testing and the state admitted they were wrong.

What should the state have done that they didn't?

misterwhite  posted on  2017-08-11   10:09:13 ET  Reply   Trace   Private Reply  


#3. To: misterwhite (#2)

But to their credit, the state subjected the sample to further testing and the state admitted they were wrong.

What should the state have done that they didn't?

It seems they should not have made a public announcement stating with certainty that the cop was drugged, when the field test they used is known to have a high false positive rate.

But regardless of whether they did anything wrong or not, the fact that the business suffered very serious financial losses due to the now known errant belief that was publicized on the part of the police & city means that civil compensation is warranted.

By publicly filing the lawsuit, the business is obtaining publicity that redeems their reputation which will help them recover their business standing with the community. The business would likely accept reduced compensation in return for the city giving a full & very public apology. It would be better if the mayor has a press release at the business while having lunch there.

Pinguinite  posted on  2017-08-11   15:51:43 ET  Reply   Trace   Private Reply  


#4. To: Pinguinite (#3)

"It seems they should not have made a public announcement stating with certainty that the cop was drugged, when the field test they used is known to have a high false positive rate."

Really? Every announcement or article I've read about circumstances like these are filled with a thousand "allegedlies". Hard to believe they's make an exception in a case like this.

misterwhite  posted on  2017-08-11   16:18:28 ET  Reply   Trace   Private Reply  


#5. To: Deckard (#0)

http://www.wral.com/utah-man-wrongly-accused-of-drugging-officer-gets-50k/16872208/

Layton, Utah paid $50K to settle the matter, with no admission of wrongdoing.

nolu chan  posted on  2017-08-11   20:00:33 ET  Reply   Trace   Private Reply  


#6. To: nolu chan (#5)

paid $50K

still works for the department

$50K = admission of wrongdoing

still works for the department = They're willing to pay even more next time, to keep this gem of an officer.


The D&R terrorists hate us because we're free, to vote second party

"We (government) need to do a lot less, a lot sooner" ~Ron Paul

hondo68  posted on  2017-08-11   20:36:17 ET  Reply   Trace   Private Reply  


#7. To: nolu chan (#5)

Layton, Utah paid $50K to settle the matter, with no admission of wrongdoing.

That article says the 50k was only for the 18 year old employee, not the business.

The business has it's own separate lawsuit, so it's not settled just yet.

Seems the kid is more interested in getting on with his life than spending more time and trouble for a better settlement.

Pinguinite  posted on  2017-08-11   21:09:32 ET  Reply   Trace   Private Reply  


#8. To: misterwhite (#4)

Really? Every announcement or article I've read about circumstances like these are filled with a thousand "allegedlies". Hard to believe they's make an exception in a case like this.

Maybe. But the fact remains he was cleared of what he was arrested for, and did suffer injury. And innocent people who get injured by another party are generally entitled to compensation regardless of whether malice was a factor.

Pinguinite  posted on  2017-08-11   21:13:11 ET  Reply   Trace   Private Reply  


#9. To: hondo68 (#6)

$50K = admission of wrongdoing

If you say so.

nolu chan  posted on  2017-08-12   1:08:43 ET  Reply   Trace   Private Reply  


#10. To: hondo68 (#6)

$50K = admission of wrongdoing

I suspect their failure to do anything wrong is going to cost them more than that.

Pinguinite  posted on  2017-08-12   1:53:02 ET  Reply   Trace   Private Reply  


#11. To: Pinguinite (#7)

The business has it's own separate lawsuit, so it's not settled just yet.

They can try.

http://www.standard.net/Police-Fire/2016/12/18/Anatomy-of-the-investigation

Layton police spokesman Lt. Travis Lyman said in a recent interview, “Nothing has changed from our perspective, as much as we would like it to.”

Working with medical personnel, Lyman said Layton police examined every possibility to explain why the officer got sick.

“It was inferred that he lied, made it up, targeted the individual,” Lyman said. “The fact of the matter is our officer got sick. That was not a lie. He was ill, immediately after consuming a meal at Subway.”

- - - - - - - - - - - - - - - - - - - -

Rushton and Derrick reviewed the store’s video surveillance, watching Ukena filling the officer’s drink order.

Derrick noted the video quality was not very sharp. “But it seems as though Tanis spends an inordinate amount of time with the drink, handling it and not just filling up the drink as a normal drink would be filled up,” his report said. “Detective Rushton and I decided to interview Tanis back at the police department due to his suspicious nature in which he handled (the officer’s) drink.”

In his report, Rushton also described what he saw Ukena doing on the video.

“Tanis is seen doing something with the drink from 12:20:31 (p.m.) to 12:20:48, which seems an unusual amount of time,” Rushton wrote. “Tanis then backs away from the fountain area with the drink in hand. Tanis then throws something in the garbage” before delivering the meal.

- - - - - - - - - - - - - - - - - - - -

Detective Rushton filed a final supplemental report Oct. 11.

“With the State Lab not being able to identify what, if any, substance was in the drink given to (the officer), this investigation is now closed,” he wrote.

- - - - - - - - - - - - - - - - - - - -

Absence of evidence is not evidence of absence. The substance, if one was there, remains unidentified.

http://www.standard.net/Police-Fire/2016/12/18/Weber-State-criminal-justice-professor-says-proof-against-Ukena-was-problematic.html

Weber State criminal justice professor says proof against Ukena was problematic

David Lynch is the Criminal Justice Department chair at Weber State University and was a public defender and assistant district attorney in Pennsylvania. The Standard-Examiner invited him to review the Ukena case record. He characterized his analysis below as “scholarly opinion of sorts, not legal advice.”

[excerpt]

Given the danger of a crime like this in a restaurant setting to future potential customers, I could not say that it was wholly unreasonable to arrest Tanis based on what the officers believed at the time.

Q. But since the state crime lab's more thorough testing proved the presumptive tests wrong in the end, wouldn't that mean that a "false arrest" had been made, thus subjecting the arresting officers to civil liability of some sort?

A. Probably not. Officers who act reasonably and in good faith (though mistaken) are given qualified immunity with regards to their actions. Honest and reasonable mistakes made in good faith cannot result in a successful lawsuit against police officers. Otherwise, who would ever dare agree to become a cop?

Q, What about Tanis? Won't he get any justice given the "wrongs" done him?

A. Society owes Tanis a big apology. He sounds like a nice person and virtuous citizen who got caught up in something unfortunate. Let's all wish Tanis the super life he seems to deserve. We might also want use this incident to look more deeply into the reliability of the type of presumptive drug tests currently being used in the field.

nolu chan  posted on  2017-08-12   2:31:30 ET  Reply   Trace   Private Reply  


#12. To: nolu chan (#11)

They can try.

Apparently they **are** trying.

Everything you posted relates solely to the decision to arrest Ukena. That matter is settled (for $50k). The business is suing, seemingly for the financial loss related to how the city & department handled the matter, blaming them for as much as $300,000 in damages/lost revenue. According to the article above, they blame the city for not clearing the business of bad repute in as timely a manner as they could/should have.

All other facts about whether the the cop really did get sick, the allegedly suspicious video, the decision to arrest Ukena are, it seems, completely irrelevant to the lawsuit of the business. I'm guessing the police officers involved are also not being sued in their individual capacity.

Pinguinite  posted on  2017-08-12   2:52:52 ET  Reply   Trace   Private Reply  


#13. To: Pinguinite (#8)

Maybe. But the fact remains he was cleared of what he was arrested for, and did suffer injury.

I believe that's true of everyone charged with wrongdoing and later cleared. Assuming the Layton City Police Department was careful and never stated for a fact that he did it, I don't know what else they could have done. Are you suggesting that the charges, the arrest and the trial should all be kept secret until the verdict?

He'll have his day in court, and we'll see what a jury says.

misterwhite  posted on  2017-08-12   11:15:45 ET  Reply   Trace   Private Reply  


#14. To: nolu chan (#11)

Sounds like he did something to the drink. They can't prove it so he walks.

misterwhite  posted on  2017-08-12   11:23:53 ET  Reply   Trace   Private Reply  


#15. To: misterwhite (#14)

Sounds like he did something to the drink. They can't prove it so he walks.

Correct. They cannot prove it even after doing a lab analysis of both the drink itself, and blood and urine tests on the cop. So he walks. I'm sure based on suspicion alone you would impose the death penalty to this kid who will instead go on to become a volunteer missionary, but yes, he walks instead.

Could have been a psychosomatic episode of the cop. Or maybe he's allergic to lemons.

Pinguinite  posted on  2017-08-12   11:34:34 ET  Reply   Trace   Private Reply  


#16. To: misterwhite (#13)

He'll have his day in court, and we'll see what a jury says.

No, there will be no trial for the kid as that's settled. The business will likely also have it's case settled out of court.

Think of it as a sort of a "no contest" plea bargain in civil court. In the same way innocent people charged with a crime sometimes accept a plea bargain to avoid the risk of a most serious punishment, the city will probably do the same to avoid the risk of a more expensive settlement. Whether they could or should have done things differently doesn't matter much.

Happens all the time. It's how the wonderful, best in the world legal system works in America.

Pinguinite  posted on  2017-08-12   11:45:27 ET  Reply   Trace   Private Reply  


#17. To: Pinguinite (#16)

It's how the wonderful, best in the world legal system works in America.

It could be better. We could have "loser pays" as they do everywhere else in the world.

Then we'll see how many cases are settled out of court.

misterwhite  posted on  2017-08-12   12:19:02 ET  Reply   Trace   Private Reply  


#18. To: Pinguinite (#15)

They cannot prove it even after doing a lab analysis of both the drink itself, and blood and urine tests on the cop.

I have no idea what they tested for and neither do you. We know that whatever they tested for was negative. But it could have been a million other things.

Maybe Visene eye drops -- did they test for tetrahydrozoline?

misterwhite  posted on  2017-08-12   12:26:33 ET  Reply   Trace   Private Reply  


#19. To: misterwhite (#18)

Maybe Visene eye drops -- did they test for tetrahydrozoline?

Maybe they should have tested for dihydrogen monoxide. That kills a lot of people every year.

It's cute how you try to cast the kid as guilty in spite of the fact that there is zero evidence of a crime. Hell, where were you when this happened? Can you prove you were not on location? I think you did something to frame the kid.

Pinguinite  posted on  2017-08-12   13:36:04 ET  Reply   Trace   Private Reply  


#20. To: Pinguinite (#19)

It's cute how you try to cast the kid as guilty in spite of the fact that there is zero evidence of a crime.

He acted in a suspicious manner. And there's precedent.

misterwhite  posted on  2017-08-12   16:24:58 ET  Reply   Trace   Private Reply  


#21. To: Pinguinite, misterwhite (#12)

Apparently they **are** trying.

Everything you posted relates solely to the decision to arrest Ukena. That matter is settled (for $50k). The business is suing, seemingly for the financial loss related to how the city & department handled the matter, blaming them for as much as $300,000 in damages/lost revenue. According to the article above, they blame the city for not clearing the business of bad repute in as timely a manner as they could/should have.

All other facts about whether the the cop really did get sick, the allegedly suspicious video, the decision to arrest Ukena are, it seems, completely irrelevant to the lawsuit of the business. I'm guessing the police officers involved are also not being sued in their individual capacity.

Trying and succeeding are two different things. We will have to wait and see how they do.

From the thread article:

The owners of a Subway sandwich shop are suing the Layton City Police Department in federal court for waiting too long to publicly disavow false allegations that an employee drugged a police officer’s lemonade last year.

The owners have bypassed the state court system and have claimed a civil rights violation in Federal court.

Think alleged violation of Fourth, Fifth, and Fourteenth Amendment rights of the Subway LLC and the owners, and 42 U.S.C. §§ 1983, (Civil action for deprivation of rights) 1985 (Conspiracy to interfere with civil rights), 1988 (Proceedings in vindication of civil rights). Also claimed is a violation of State Civil Rights brought pursuant to the Court's Supplemental Jurisdiction under 28 U.S.C.A. 1367(a) (Supplemental jurisdiction).

A claim that on August 8, on two occasions at approximately 5:00 p.m. and 9:00 p.m., the officer who consumed the soda at the subject Subway was tested at a local medical facility and was found to have no impairing drugs (THC, meth, etc.) in his system, is unsustainable on its face.

The tests could not possibly affirmatively show that there were no impairing drugs in the officer's system. It could, at best, indicate a non-detection of those specific substances tested for. There is no test which covers all possible impairing substances.

I'm guessing the police officers involved are also not being sued in their individual capacity.

Defendant Sgt. Clint Bobrowski is sued in his individual capacity. He is the Public Information Officer.

As all of Sgt. Bobrowski's actions were admittedly performed under color of the laws, statutes, ordinances, regulations, policies, customs, and usages of the State of Utah and Layton City, I fail to see any reasonable claim that he is not covered by qualified immunity.

"Qualified immunity. Affirmative defense which shields public officials performing discretionary functions from civil damages if their conduct does not violate clearly established statutory or constitutional rights of which reasonable person would have known." Black's Law Dictionary, 6th ed.

nolu chan  posted on  2017-08-12   17:09:28 ET  Reply   Trace   Private Reply  


#22. To: Pinguinite, misterwhite (#16)

The business will likely also have it's case settled out of court.

Think of it as a sort of a "no contest" plea bargain in civil court. In the same way innocent people charged with a crime sometimes accept a plea bargain to avoid the risk of a most serious punishment, the city will probably do the same to avoid the risk of a more expensive settlement. Whether they could or should have done things differently doesn't matter much.

Whether they could, or should, have done things differently will be relevant to a claim of some violation of constitutional rights in a Federal civil rights case.

nolu chan  posted on  2017-08-12   17:15:45 ET  Reply   Trace   Private Reply  


#23. To: misterwhite (#14)

Sounds like he did something to the drink.

I have seen claims that the video was unclear, and also that a frame-by-frame analysis indicates he did nothing to the drink. Even assuming such an analysis could show the cops proceeded in error, for a lawsuit to succeed, I should think it would be needed to show they proceeded knowing they had no basis. A bad call in sports does not indicate malice on the part of the umpire or referee. Absent a showing that the cops did not proceed in good faith upon reasonable belief, it is difficult to make a case. Really difficult will be finding a police witness to suport complainant suppositions.

The crime lab affirmatively did detect indications of some unknown substance, initially suspected of possibly being a new synthetic drug. Further testing indicated it was probably something in the lemonade ingredients rather than an unidentified drug. After that, the police closed the case. Waiting for the final test result does not appear to support a claim of a constitutional civil rights violation.

http://www.standard.net/Police-Fire/2016/12/18/Anatomy-of-the-investigation

CRIME LAB CONCLUSION

In an Oct. 6 letter to Layton Police Chief Allen Swanson, state senior forensic scientist Bryan Holden said no typical controlled substances, such as methamphetamine or THC, the active ingredient in marijuana, were found by the state crime lab. But further tests were run on preliminary indications of a possible foreign substance.

“At that point I didn’t know if this substance was a new synthetic drug or something else,” Holden said.

But after continued testing, the unknown substance was also found in a “clean” sample of lemonade collected at the Subway, he said.

“This means that the foreign substance probably originated from the lemonade and is not an unknown scheduled substance, such as a synthetic drug,” Holden said.

Detective Rushton filed a final supplemental report Oct. 11.

“With the State Lab not being able to identify what, if any, substance was in the drink given to (the officer), this investigation is now closed,” he wrote.

nolu chan  posted on  2017-08-12   18:04:03 ET  Reply   Trace   Private Reply  


#24. To: misterwhite, Deckard (#20)

He acted in a suspicious manner. And there's precedent.

You know what's really funny? When a cop is accused of wrongdoing, you bend over backwards to create doubt of his guilt. But here where a citizen is accused of hurting a cop but is released, you are working just as hard to create doubt of his innocence.

It's all about the profession of the accused. That's all that matters to you.

Pinguinite  posted on  2017-08-13   12:01:26 ET  Reply   Trace   Private Reply  


#25. To: Pinguinite (#24)

I'm simply saying there was a good reason to arrest him.

How can YOU say there was "zero evidence of a crime"? a) The cop DID get sick. b) The clerk DID act in a suspicious matter. c) Initial tests WERE positive for a foreign substance. d) Episodes like this have happened to other cops.

And you call that ZERO evidence? Who's "bending over backwards?

misterwhite  posted on  2017-08-13   12:16:49 ET  Reply   Trace   Private Reply  


#26. To: misterwhite (#25)

I'm simply saying there was a good reason to arrest him.

misterwhite, you need to change your screen name because you are clearly not entitled to the title of "Mister". You are acting like a child because what you said here was a lie.

You said this:

We know that whatever they tested for was negative. But it could have been a million other things.

Maybe Visene eye drops -- did they test for tetrahydrozoline?

Here, you are clearly trying to cast a shadow of doubt over the kid's innocence, so when you say you are "simply saying there was good reason to arrest him", you are lying.

While everyone is a least a little bias, you make it part of your personal banner, flying for the world to see. A bias so overwhelming it really reeks. If you wonder why I accuse you of being paid to post here, this is why. It's to the point where there's about no other feasible explanation for your supposed mentality.

Pinguinite  posted on  2017-08-13   16:22:06 ET  Reply   Trace   Private Reply  


#27. To: Pinguinite (#26)

Here, you are clearly trying to cast a shadow of doubt over the kid's innocence,

That was in response to a different topic -- you saying that the testing showed nothing.

"so when you say you are "simply saying there was good reason to arrest him", you are lying."

That was in response to your idiotic claim "that there is zero evidence of a crime". Diferent subjects. Diferent responses.

misterwhite  posted on  2017-08-13   19:05:27 ET  Reply   Trace   Private Reply  


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