POLICE ADMIT LACK OF SEARCH WARRANTS IN SPINAKERS RAID

A few months after Spinakers' co-owner Frankie Lax filed a lawsuit against
the Jackson Police Department, the city and other state agencies for
raiding his nightclub, two police agencies admitted to not having any
search warrants.

In their response statements to the original complaint, Madison County
Sheriff David Woolfork and Jackson Police Lt. Barry Michael admitted their
officers were looking for four people who were indicted by a grand jury.
But they stated they didn't have any other arrest or search warrants for
other people or for the club.

Both men denied in their statements filed in U.S. District Court in Jackson
that "the purpose was to shut the club down."

Lax, Phillip Jackson, a co-owner of Spinakers, and three club patrons -
Johnny Bowie, Samantha Crocker and James Davis - are suing JPD for $2
million for raiding the local nightclub last fall. Police raided Spinakers
late Aug. 31 and early Sept. 1 searching for four people who had been
indicted by a Madison County grand jury on drug charges.

The original suit alleged that police shut down the club and didn't allow
people to leave. Customers were then lined up and forced to be
"photographed mug-shot style," the suit said. The raid made Lax and Jackson
lose money because people were scared to return to the club, the lawsuit
said. The raid also damaged the club's reputation, the lawsuit said.

Attorneys for the patrons involved in the suit have advised their clients
not to talk to the media about the case.

Michael admitted in his statement that some patrons filled out
identification cards and some photographs were taken, but denied that
"customers were required to reveal private, personal identification
information."

Dale Conder Jr., attorney for the city, JPD and Michael, declined to
comment on why the patrons were detained and how police could detain
patrons without search warrants.

Both Michael and Woolfork denied in their statements that they and their
officers acted unlawfully or unconstitutionally and denied that all five
plaintiffs are entitled to any damages.

Any reprimands that would affect the police would come from their internal
policies, said J.T. Dunbar, a county commissioner and a member of the law
enforcement committee.

"We have to deal with things that require funding and things of that nature
with the sheriff's department," Dunbar said. "Other than that, things would
be strictly dealt with internally."

McNairy County Sheriff Paul Ervin, his department, former Henderson County
sheriffs Jerry Bingham and Barry Roberts, their department, the Tennessee
Alcoholic Beverage Commission and the Tennessee Highway Patrol have been
named as defendants in the lawsuit. All three agencies have requested to be
dismissed from the case.

In an affidavit, Ervin said neither he nor his employees were at Spinakers
on the day of the raid. He also said none of his deputies were part of a
drug task force in Madison County or were on special assignment to assist
in the raid.

In the response from Henderson County, the officials said, "The allegations
... are vague and ambiguous." They also stated the plaintiffs failed to
allege any rights violated specifically by the Henderson County Department,
the statement said. Henderson County officials and officers should be
dismissed.

Members of the alcohol beverage commission and the THP stated they could
not be sued since the original complaint does not mention how they were
involved with the raid or how they violated the plaintiffs' civil rights.
They also argued that the 11th Amendment to the Constitution prohibits
state officials from being sued for their position.

The 11th Amendment forbids citizens from suing their own state in federal
court, which includes state officials and employees from being sued in
their official capacity, the lawsuit said.

The next part of the case is the discovery process, Conder said. During the
discovery process, both sides will take depositions and answer questions
about the raid. Then the parties will move toward the trial, Conder said.

Judge J. Daniel Breen set the trial for June 10, 2002, according to court
documents. The motions for dismissal, however, have not been ruled upon.

Lax, Jackson and the patrons' attorney could not be reached for comment
Monday. The Tennessee Alcoholic Beverage commission and the THP's attorney
said they could not comment on a pending case.

What's Next

The dates for Spinakers' owner Frankie Lax' lawsuit against the Jackson
Police Department, the city and other agencies in West Tennessee has been
set for June 10, 2002.

Lax is suing JPD for $2 million for raiding the local nightclub last fall.