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COMPLAINT
I.INTRODUCTION
This civil rights lawsuit involves abject governmental comrption, conspiracy, and
connivance that deprived a law-abiding, same-sex couple of their constitutional rights. The
egregious abuses at the hands of local govemment officials during the course of unlawful raids
OPERATION CANDY CRUSH was premised on the idea that Plaintiffs and other local
EXHIBIT
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Court Justice Louis Brandeis years ago: "The grcatest dalgers to liberty lurk in insidious
Justice Brandeis' prescient waming 90 years ago refened to the government violators of
cìvil rights as "well meaning." In this lawsuit, Plaintiffs were confronted with Defendants who
often were not oowell-meaning." Instead, these government officials operated intentionally to
II. PARTIES
Plaintiffs
During all times relevant to the complaint, she co-owned and operated the business known
Tennessee, and another business, Kaleidoscope Custom Vapor Lounge, located at 2992
Tennessee. During all times relevant to the complaint, she co-owned and operated the
and may be served with process at the County Executive's office located One Public
4, Defendant JENNINGS JONES is the elected District Attorney for Rutherford County,
Tennessee. He may be served with process at the Rutherford County District Attorney's
Tennessee. He may be served with process at the Rutherford County District Attorney's
6. Defendant MIKE FITZHUGH is the Sheriff for Rutherford County. He may be served
with process at the Rutherford Couttty Sheriffs Office, 940 New Salem Highway,
Murfreesboro, TN 37 129.
7. Defendant OFFICER ROPER upon information and belief, Officer Roper is employed by
Rutherford County as a deputy who may be served with process at the Rutherford County
may be served with process at the Rutherford County Sheriff s Office, 940 New Salem
9. This Court has subject matter jurisdiction of this matter and venue is proper in this
10. Plaintiffs are owners of two stores that sell a variety of tobacco products, including
pn-rclucts that contain camabidiol (CBD), wlúch is legal under Tennessee and federal law.
11. Tennessee statutes explain that CBD is a legal product. Tenn. Code Arur. $ 39-17-
Tenn. Code Ann. $ 43-26-102(4XB) (lndustrial hemp "includes any industrial hemp-
derivetl products that do not contain more than tiuee-tenths of one percent (0.3%) of úelta-
Ann. $ 43-26-103(C) ("Non-viable industrial hemp or any product made from non-viable
otherwise procured in accordance with the department's rules, shall not be considered
12, On February 12, 2018, Plaintiff Stacey Hamilton leamed from her employee,
Chance Hulan, that the Murfreesboro Police were camped outside of her store located at
themselves.
13. The police officers placed a large sign outside of the Church Street business saying
14, At the Church Street location, the officers conf,iscated various brands of eliquid,
15. Later at the Church Street location, Defendant Assistant District Attomey John
Zimmerman entered the store and started laughing. He talked about how vaping was only
16. Assistant District Attomey Jolur ZirnmeÍrnan told Chance Hulan that his bosses,
17. At the time of the conversation with employee Hulan, plaintiff Stacey Hamilton
18. As she prepared to leave, three police ofñcers entered her store on Memorial Blvd.
19. An officer, who identified himself as "Danny" came in the store and told Stacey
Hamilton thàt she was under anest. He informed Stacy Hamilton that her wife, Mary Ruth
Hamilton, was also under arrest and that she needed to come to the store.
20. For about 90 minutes, the officers rummaged through the Memorial Blvd. store,
21. The officers confiscated more than $2,000 in cash, the cash register, and all
23. Plaintiffs were placed in a police vehicle by Officer Roper. During this time,
Officer Roper blasted very loud Ch¡istian music, as he and other police officers drove to
24, S/hen Officer Roper's vehicle stopped, he pulled Plaintiff Stacey Hamilton out of
the vehicle by her arm, causing her to fall down on top of him.
25. Officer Roper tried to apologize for causing Plaintiff Stacey Hamilton physical
harm.
26. Plaintiffs Stacey Hamilton and Mary Ruth Flamilton were the only people placed
in the back of the police van with their hands cuffed behind them.
27, During the same day - Feb, 12,2018, - Murfreesboro police offrcers photographed
and seized lawful CBD products at the Plaintiffs' business on South Church Street.
28. During this unlawful raid, the officers seized bottles of e-liquid, saying that "they
29. The officers took and searched the personal belongings of the Plaintifls employee
Chance Hulan.
30. Plaintifß were booked into jail and then bonded out at 6:30 p,m. on the evening of
Feb. 12,2018.
31. Stacey Hamilton and Mary Ruth Hamilton were anaigned on February 16,20L8.
Sracey Hamilton and Mary Ruth Hamilton $/ere charged with two counts of a Class D
felony, possession of a class six controlled substance with intent to distribute within a
protected area.
33. On February 28,2018, Defendant Jennings Jones stated in a press release that all
charges would be dropped against the Plaintifß and others who were unlawfully rounded
34. When plaintiffs returned to the store, they noticed that their surveillance videos
35. Latet, all criminal charges were dropped against the Plaintiffs Stacey and Mary
Ruth Hamilton,
36. The insidious and unlawful arrests against Plaintiff can be traced back to an earlier
2017. This investigation concerned the sale of CBD products in Rutherford County.
37, This investigation involved purchasing CBD products from Rutherford County
stores and submitting the products for lab testing by the Tennessee Bureau of Investigation.
38. Following the purchase of CBD products on February 3,2017, from Vapesboro,
Rutherford County detectives submitted these CBD products for testing to the TBI.
39. After this lab report was received, Rutherford County agents met with Defendant
40. According to interview notes obtained from Rutherford County, Rutherford County
ootook
Sheriffs officers [ab report] to D.A.'s office for advice. [Referred] to John
outside fMurfreesboro]."
41. These notes also record that a Rutherford County Sheriffs Officer "brought up to
[Zimmerman] Amazon is selling [the same products.] He laughed and said we aren't going
42. Not only did Defendant John Zimmerman provide legal advice to the law
enforcement officers working the case, but crucially, he directed the actions of the law
enforcement officers.
43. The same InterviewNotes specifically state: o'sought legal advice from prosecution.
Spoke to J. Zimm. [a number of] times for clarity. Couldn't get clarity from J. Zimm," The
notes further statc; "[Dishict Attorney] Jennings fJones] expressed definitely illegal."
44. On December 17, 2017, Defendant John Zimmerman sent an e-mail with the
Lab # [Redacted] -by Hernandez (this was the first lab report that kicked
off this investigation) and found exhibit to be schedule vI and containing a
synthetic drug 5-Fluoro ABD.
After this seizure the stores switched to other items and began selling
o'Hemp
Bomb gummy edibles" Police are seizing "Hemp Bond Gummies,'
from various stores, Same mfg and packaging.
45. Based on the above email, as of December 17,2017, Defendant Zimmerman knew
that the TBi lab reports were not conclusive as to the legality or illegality of the products
sold by Plaintifîs.
46, According to a March 26,2018 memo, titled "Narcotics Investigation of CBD oils",
Early part of Decembçr 2017,I received a call from ADA John Zimmerman
conceming investigation of synthetics, Gummy Bears and Marijuana Oils
being sold in various stores throughout Rutherford County. Zimmerman
asked me to "Get Detective [Redacted] more involved, a lot needed to be
done." Zimmerman said: o'they wanted to take this case to the February
Grand Jury." Zimmerman explained we needed to move quickly and have
this done before (something about legislation). (emphasis added).
47, This memo describes concerns that the Rutherford County Sheriffs Office had
about the Candy Crush operation. Despite these concerns, Rutherford County Sheriff s
proceeded with the arrests of the Plaintifß and the padlocking of their stores anyway. All
charges against all Plaintiffs were later dropped.
48. On February 15, 2018, Defendant Zimmerman sent an e-mail, subject line "Bill just
introduced," attaching a PDF file of proposed Senate BilI2224, The proposed bill, in key
and relevant part, would have amended Tennessee's civil forfeiture laws to specifically
exclude CBD products.
49, Senate BiIl2224 is the legislation to which Defendant Zimmerman was referring
in the December 201'7 meeting described in Major Sharp's memo. Senafe Bill2224 was
Candy Crush was executed and Plaintiffs were uiminally charged. (See TN.GOV, last
lrttplli"vapp.cap.itol.!n,gory'appsil3iillnfoldefault.¿ispx?lljllNrunbcr=g112224&(ìÂ=.
110,)
50. Major Sharp's memo also describes the crucial role that civil forfeiture played in
the Candy Crush operation. Majol Sharp notes that on February 2,2018, the following
51. The February 2, 2018 meeting had been convened because of Major Sharp's
concerns about the Candy Crush operation, as evidenced by the ftrllowing e-mail, subject
line o'Meeting to discuss edibles," dated January ?4,2018, from Defendant Jennings Jones
Bill has expressed a concem about what will happen if we indict, seize
property and then the TBI refi.rses to testiff that the substances used are
illegal, Let's get together and discuss what is going on and how to address
this possible issue.
Are both of you available on Friday, February 2nd at 9am'l If not, we cân
pick another date.
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53. The same memo desøibes a February 23,2018 phone call from Defenclant Jennings
Jones to Major Sha¡p. This call occurred when it became clear that the arrests of the
Plaintiffs and the oharges against them could not be supported. Major Sharp describes that
54. The reference to a meeting with the TBI refers to a January 11,2018 meeting
between TBI employees, Defendants Zimmeffnan and Jones, and a Detective from the
The meeting's purpose was for T.B.I. to clarify whether CBD was illegal or not.
[The Detective] stated his takeaway from the meeting was that T.B.I.
couldn't test the percentage of THC and the chemist couldn't determine
whether or not it was legal or illegal in the case. Towards the close of the
meeting, [The Detective] spoke up to a T.B.I. attorney and asked if this stuff
Ll
56. The internal investigative Report of the Rutherford County Sheriff s Offrce also
describes the direct involvement of Defendant Rutherfcrrd County Sheriff Mike Fitzhugh
57. According to the report, Major Sharp'oleaned towards postponing any advancement
of the cass." The District Attorney's Office was "unsatisfied'o with Sharp's decision and
"reached out to thc highcst lcvel of command at the Sheriff s Office. Two members from
the District Attorney's Office met with the Sheriff and two Chiefs . . . Operation Candy
59. On February 12,20t8, Operation Candy Crush was executed, and the leading law
enforcement officers staged a televised press conference in front of the Vapesboro store
60. Plaintifß were aïrested and charged with violating Tenn. Code Ann. $ 39-17-417
(controlled substances.)
61. Defendants Jennings Jones and Mike Fitzhugh were present at the press conference,
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operation and stated that the Rutherford County Sheriffs Office and Smyrna Police
63, In fact, the CBD products sold at Plaintiffs' store were not derived from
64. Defendant Fitzhugh further stated Detectives from the Rutherford County Sheriff s
Offrce and Smyrna Police Department had "acted in an undercover capacity" to purchase
products eontaining CBD "and other synthetic drugs in all23 of these stores."
What they do is they take these candies. They take them out of the package.
They spray them with this illegal substance. And then they repackage them.
Where you buy these in the store for a normal price, they repackage these
and they go up 82J0 a package. This is an example of what they've done.
They've taken gummyl^/oñns and infused them with the illegal substance.
And then they repackage them in a different package.
66. These statements by Defendant Fitzhugh were completely false and defamatory, as
there was absolutely no evidence that any Plaintiffs had tampered with product packaging
67. Defendant Fitzhugh's reference to "other synthetic drugs" was false and
defamatory.
68. Defendant Jennings Jones stated at the press conference, in reference to CBD
69. This statement was false, as TBI agents had repeatedly expressed, including to
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71. The Petition stated: "These edible products have been manufactured whereby such
marijuana extracts are laced into and upon various edible products, typically candies that
are generically sold in legitimate markets throughout Rutherford County. These drug-laced
edible products are otherwise similar to candies sold for ingestion by children and adults
72. The above statement was completely false. The products did not contain
o'marijuana
extracts." The CBD products, which were legal, were not sold to children.
73, In support of the Petition, Defendants Zimmerman and Jonçs includcd an "Affidavit
in Support of Petition For Abatement of Nuisance And Order to Search Premises." 'fhis
The "CBD" candy was sent to the Tennessee Bureau of Investigation's Crime
laboratory (hereafter refened to as "TBI") for analysis whioh determined the
candy had been laced with "CBD."
75, In fact, the TBI had never purported to make any claim regarding "lacing" products
with CBD.
76, But in fact, the TBI had specifically removed scheduling from lab report
171018416. The TBI had entered a dash symbol under the "schedule" column and included
a note: "This report has been amended to remove scheduling." The amended repofi, dated
9/?1117 , revised a prior report, dated 9lL9/1 7, which included a Schedule VI notation,
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78. Defendants Zimmerman and Jones likewise did not mention in their filings to the
Court that the determination of 'oSchedule VI" had been specifìcally removed by
amendment.
79. Instead, Detective Beane and Defendants Zimmerman and Jones placed only the
original report before the Court, making no mention that TBI had amended that report to
removs scheduling.
80. In any event, Detective Beane and Defendants Zimmerman and Jones knew that the
TBI had amended the report and were thus aware that the TBI was not standing by its
81. Tenn. Code Ann. $ 43-26-lA2(4) provides that "Industrial Hemp:" "lncludes any
industrial hemp-derived products that do not contain more than three-tenths of one percent
82. Thus, the CBD products sold by Plaintiffs could be shown to be illegal only upon
85. In the aftermath of the Candy Crush operation, Defendant Jones released a press
statement which cast blame on the TBI. The first sentence of this statement reads:
The District Attorney's office initiated actions to enforce the law in this case
because the TBI assured us that the items being sold at various businesses
in Rutherford County were infused with illegal controlled substances.
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87. The TBI responded forcefully with the following public statement:
In this matter, we are not able to determine whether the CBD in these cases
originated from industrial hemp, illicit marijuana, ot'synthetic production.
In fact, such a determination is beyond the capability of contemporary drug
identification. . .
We also explained to them the nuance of the included schedule on our lab
reportso which are provided as a courtesy. In this instance, we listed the
schedule out of an abundance of caution because the sample could have met
the standard for schedule as spelled out in the law. Local agencies and
prosecutors including those in Rutherford County are well aware of
that nuance. - -
During the recent news conference on these cases, General Jones
acknowledged himself that a substance being identified as a particular
schedule does not make it inherently illegal. The circumstances of the
possession or transfer as determined local
by the law enforcement agency
and interpreted -
by the District Attorney General make something
'oillegal."
-
Again, to be clear: TBI lab reports objectively determine the compound
present, but in no way are statements of compound origin, circumstances of
possession, or guilt or innocence. Thouglr we identiJied the substance anrl
the relevant schedule, we made no determination about the legality of the
substance or the circumstance in Rutherforcl County. That was a decision
solely made as in all cases by the local agency and District Attomey
General. - -
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COUNT I
FALSE ARREST
(United States Constitution, Amendments Fow and Fourteen; 42 U.S.C. $ i983;
Tennessee Constitution A¡ticle I, $ 7.)
(All Defendants)
88. Plaintifß incorporate by reference all allegations contained in the paragraphs above
89. Defendants did arrest Plaintiffls against the will of the Plaintiffs.
90. The arrest of Plaintifß was unlawful, objectively unreasonable, and without
probable cause.
and liberty by anesting Plaintiffs and transporting them to the Rutherford County Jail.
seizure as guaranteed by the 4th Amendment and the 14th Amendment of the United
COI.INT II
FALSE IMPRISONMENT
(tJnited States Constitution, Amendments Four and Fourteen;42 U.S.C. $ 1983;
Tennessee Constitution Article I, $ 7.)
(All Defendants)
93. Plaintiffs incorporate by reference all allegations contained in the paragraphs above
94. Defendants did imprison, detain, and restrain the Plaintiffs against the will of the
Plainriffs.
95. The imprisonment, detention, and restraint of the Plaintiffs was unlawful and
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detaining, restraining, and confining Plaintiffs within fixed boundaties, and the acts of
Defendants directly and/or indirectly resulted in the detention, restraint, and confinement
of the Plaintiffs.
seizure as guaranteed by the 4th Amendment and the l.4th Amendment of the United
COTINT IIi
MALICIOUS PROSECUTION
(United States Constitution, Amendment Fourtccn;42 U.S.C. $ 1983;
Tennessee Constitution Article t, $ 8; Terur. Code Ann. {) 8-8-301 et seq,)
(All Defendants)
98. Plaintiffs incorporate by reference all allegations contained in the paragraphs above
99. Defendants initiated a criminal action against the Plaintiffs without probable
cause,
101. Defendants initiated, participated in, and prosecuted a criminal action against the
102. The criminal action against Plaintifß was finally terminated in Plaintifïs' favor.
due process right to be free f¡om unfounded prosecution as guaranteed by the l4th
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Constitution.
COLINT IV
FOURTH AMENDMENT
(United States Constitution, Amendments Four and Fourteen;42 U,S.C. $ 1983.)
(All Defendants)
104. Plaintiffs incorporate by reference all allegations contained in the paragraphs above
105. Defendants searched, seized, arrested, detained, and pursued the prosecution of
106. The actions of the Defendants constitute a violation of the constitutional rights of
the Plaintiff as guaranteed to him by the Fourth Amendment to the lJnited States
Constitution.
COTINT V
EQUAL PROTECTION
(l-Inited States Constitution, Amendment Fourteen; 42 U.S.C. $ 1983; Tennessee Constitution
Article I, $ 8 and Article XI, $ 8.)
(Defendants Jones, Zimmerma¡ur, Fitzhugh, and Beane)
108. Defendants targeted Plaintiffs because they were small business owners, rather than
109. Defendants were aware that large commercial operations sold the same or similar
CBD products as Plaintifß yet did not pursue nuisance claims and criminal charges against
these entities.
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commercial entities were unlikely to be as easily intimidated into paying fines and agreeing
111. Defendants selectively enforced the law, as they misunderstood it, against
Plaintiffs, beçause Plaintifß were small business owners, with a perceived lack of
ïesources to defeat the unsupportable claims and criminal charges. (See supra,fl 50, "They
will come in on their court date, plead guilty, pay the {ines and get their businesses open."
"We will put off the court dates, attorneys will get tired of coming to court and settle.")
112, The Defendants based their enforcement decision on the arbitrary classification of
113. These actions violate Plaintiffs' rights under the Foufteenth Amendment's equal
protection clause.
COTINT VI
ll4. Plaintiffs incorporate by reference all allegations contained in the paragraphs above
115. Defendants were motivated by financial gain through the abuse of civil forfeiture
laws.
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118. Thus, Defendants knew that probable cause was wholly lacking.
119. When Distribt Attorney Jones and ADA Zimmelrnann set the meeting with the law
enforçement chiefs and they agreed to continue OPERATION CANDY CRUSH, they
entered a conspiracy to violate the civil rights of Plaintiffs engaged in the lawful sale of
120. When the officers conducted the raids and seizures on February 12, 2018, acts in
Plaintifß.
COI.INT VII
122, When Officer Roper intentionally blasted loud Christian music in his offrcial law
Stacey and Mary Ruth Hamilton, presumably because they are a same-sex couple.
of religion in violation of both religious liberty clauses of the First Amendment - the
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coercion in violation of the religious liberty clauses of the First Amendment, including the
COUNT VIII
DEFAMATION
(Common Law)
125. Plaintifß incorporate by reference all allegations contained in the paragraphs above
126. Defendants did make and publish statements conceming the Plaintiffs that were
knowingly false or were reckless with respect to the truth of those statements or were
COI.INT IX
DUE PROCESS
(United States Constitution, Amendments Five and Fourteen;42 U,S.C. $ 1983;
Tennessee Constitution Article I, $ 8.)
(Defendants Jones, Zimmerman, and Fitzhugh)
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longstanding communities.
IZg. These defamatory statements caused Plaintiff's great harm to their reputations both
130. These defamatory statements led to a signifrcant loss in business income for the
Plaintiffs.
constitutional rights;
trial;
5. Reasonable attomey's fees and litigation cxpcnscs pwsuant to 42 U.S.C. $ 1988; and
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Respectfully Submitted,
tn tho
HâRREtI-
Ѐputy Clrrk
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