Court Spectator Sues Judge For $1.5M For Drug-testing Him ‘On A Hunch’

[DeSwiss]

Court spectator sues judge for drug-testing him ‘on a hunch’

RawStory
By Daniel Tencer
Wednesday, January 6th, 2010 -- 3:40 pm



A Tennessee judge who ordered a court spectator to submit to a drug test based "on a hunch" is being sued for infringing on the spectator's constitutional rights. Benjamin Marchant's http://www.courthousenews.com/2010/01/04/TennJudge.pdf">lawsuit (PDF) against Dickson County Judge Durwood Moore says Marchant was a spectator in the court in January of 2009, waiting to give a friend a ride home, when Moore ordered sheriff's deputies to administer a urinalysis on Marchant on nothing more than a "hunch." Marchant says he was released when the drug test came back negative.

His lawsuit states that Judge Moore admitted that he "routinely drug-screens 'spectators' in his courtroom if he 'thinks' they may be under the influence of drugs or alcohol," a policy Moore reportedly calls "routine," http://www.courthousenews.com/2010/01/04/23297.htm"> according to Courthouse News.

The lawsuit says Judge Moore was publicly censured by the Tennessee Supreme Court last May over the incident, and was ordered "to never violate a person’s constitutional rights as he did to the plaintiff." Marchant is suing the judge, Dickson County Sheriff Tom Wall, and numerous court employees and sheriff's deputies, who "knowingly participated in the unlawful and illegal detention and seizure of the plaintiff ... with no legally justifiable cause to do so." The lawsuit says Marchant's 14th amendment due process rights were violated.

"Only a plainly incompetent officer or a knowing participant would have taken place in such unlawful and unconstitutional procedures," the lawsuit states. http://www.tennessean.com/article/20100105/DICKSON01/100104029/2141/">According to The Dickson Herald, Marchant is suing for $1.5 million. No court date has been set.

http://rawstory.com/2010/01/judge-sued-drug-test-hunch/">LINK

- And when the judge loses this lawsuit (which I'm pretty certain he's dumb enough to take it to trial), I think the good people of Dickson County should be liable for the award. It should be they who have to pay the tab and punitive damages with interest thrown in for good measure.

Otherwise they won't think twice about reelecting this asshole and putting him right back up on the bench. Not unless it cost them something. Because they're the ones who put his stupid ass there to begin with.

Plus he needs to be slapped upside the back of his head, just on GP. Also.
==============================================================================
DeSwiss


http://www.atheisttoolbox.com/">The Atheist Toolbox





"The great enemy of the truth is very often not the lie, deliberate, contrived and dishonest, but the myth, persistent,
persuasive, and unrealistic. Belief in myths allows the comfort of opinion without the discomfort of thought." ~ John F. Kennedy

[saigon68]

1. Fascism coming to amerika

Minority, wrong clothes Etc?

[hobbit709]

2. The money should be split 50/50

Half coming from the county and the other half out of their personal pockets. The lesson hits harder when it costs you big time.

[malaise]

3. This judge must be a major partner in the

private prison industry. He should be investigated.