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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: 5977
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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Begin Trace Mode for Comment # 27.

#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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   Trace   Private Reply  


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