SUIT AGAINST KAUFMAN SHERIFF'S DEPARTMENT SETTLED

Legal action concerned 1997 incident in which deputies raided wrong
house

A lawsuit filed by two women who said they were terrorized by Kaufman County
sheriff's deputies raiding the wrong home in search of drugs has been
settled for an undisclosed amount, the women's attorney said.

June Nixon, 57, and her daughter, 28-year-old Melissa Cheek, were watching
television and cooking dinner in Ms. Nixon's Terrell home Aug. 19, 1997,
when 15 deputies burst through the front door and handcuffed and
strip-searched them in front of Ms. Cheek's 6-year-old daughter, according
to the lawsuit.

Ms. Nixon and Ms. Cheek sought damages for themselves and on behalf of the
6-year-old who witnessed the incident. Their attorney, Hunt Bonneau of
Carrollton, said Tuesday that his clients settled because they wanted to get
the matter behind them.

Both sides said they couldn't discuss the amount of the settlement, but
Sheriff Robert Harris said it was a "small amount" that covered little more
than legal fees. The settlement was finalized Oct. 20.

"This case was not about money, though we were pleased with the outcome,"
Mr. Bonneau said. "It sends a message: If you don't act appropriately, you
have to be held accountable."

Mr. Bonneau said the deputies' first mistake was not making sure they were
raiding the right house after they got a tip from an informant. He said the
water company told authorities that Ms. Nixon - not the drug suspects -
lived in the home, but deputies raided anyway.

Deputies also continued to search the women even after one officer
recognized Ms. Cheek and realized they had the wrong address, Mr. Bonneau
said.

"They're not required to never make a mistake," he said. "There are certain
guidelines that are in place . . . because there's going to be accidents
with snitches."

Sheriff Harris said he believes his deputies acted appropriately but were
given bad information that they tried to verify several times.

A strip search is standard in drug raids for deputies' safety, Sheriff
Harris said. When no drugs or weapons were found on the women, deputies
promptly left the house without searching it, he said.

"It was a matter of miscommunication," he said. "I don't think it was
handled badly at all."

The head of the narcotics investigation unit, Capt. George Pelphrey, was
reassigned less than a week after the raid, but Sheriff Harris said that
move was unrelated to the mistake.

The lawsuit also claimed that the Sheriff's Department suffered from "known"
deficiencies of procedure and training. Mr. Bonneau said this case is
indicative of a pattern of unacceptable actions by the Kaufman County
Sheriff's Department.

Sheriff Harris publicly apologized to two families in 1989 after a raid
turned up no drugs but left two houses damaged and their residents shaken.
In 1994, county officials agreed to revise some rules on the handling of
prisoners after parents of Highland Park High School students sued the
county.

The parents said officers entered private property illegally and raided a
teenage party to raise money in fines. The county paid $65,000 in legal
costs under terms of that settlement.

County Commissioner Rod Kinkaid said that although he didn't follow the most
recent case very closely, he has confidence in the sheriff and his
department.

"Our sheriff is sensitive to the issue," Mr. Kinkaid said. "These things are
inherent in his job. They happen. I'm satisfied with the sheriff's
response."

Checked-by: Don Beck