Letter From An Arkansas Member

 

 

I have been in law enforcement since 1988, and in the late 90’s, I learned what I was missing by not being a member of the PBA. In late 1997 and most of 1998, I was working as an investigator for a sheriffs department in eastern Arkansas. We took down three or four “chop shops” where the operators were involved in the meth trade, body swings and altering VIN numbers on stolen late-model trucks. We recovered around 65 stolen late-model vehicles and several more that were “chopped” so bad, they will never be identified.

I moved on to take a supervisor position with a multi-jurisdiction narcotics unit. In 2003, I was surprised to be served with a multi-million dollar lawsuit. Two of the suspects, along with a total of eleven persons that they sold stolen trucks to, were suing me and the two state police investigators that worked the case. It turns out that the prosecution was supposed to be handled on the federal level, but they were never prosecuted at any level for whatever reason. Most of the innocent victims in the case sued the persons they bought the vehicles from and recovered damages. But, these people were suing US for illegal search/seizure, violation of due process, conspiring to violate their civil rights, and other miscellaneous BS.

The county I worked for at the time of the investigation, like most counties in Arkansas, had insurance that provided an attorney. The state police are represented by the Attorney General’s office (who is representing the state as a whole). Even though the attorney for the county sat with me and I have no complaints about his services, it would have been nice to have an attorney throughout this process that was representing MY interest, not the county or state. I went to work for the state police prior to this going to trial; however, since I worked for a county when this happened, the attorney general did not represent me.

So, there I sat in a Federal Civil Rights trial with the Attorney General representing two fellow troopers and an attorney sitting with me representing a county that I no longer worked for. Long story short, the jury found against us. Since we were not granted qualified immunity, most of the judgment awarded was punitive, meaning out of our pockets.

The case is still under appeal, and I remain in a state of shock that something like this can happen for just doing your job. In the almost 18 years of full-time law enforcement, this is the only lawsuit I have had. Hopefully, it will be the last. One thing for sure, though, if it ever happens again, I will feel much more comfortable with a SSPBA attorney looking out for ME.

Trooper Scott Russell #243
Arkansas State Police