SUIT SAYS OFFICER PLANTED EVIDENCE

A Knoxville Police Department officer planted marijuana in his police
cruiser so he could falsely arrest someone, a federal civil rights lawsuit
claims. William Henry Smith, 51, and his wife, Elizabeth Louise Smith, sued
officer Ray McClain, Chief Phil Keith and the city for false arrest, false
imprisonment, malicious prosecution, excessive force and other civil rights
violations.

City Law Director Michael Kelley said his office will investigate the
allegations, vigorously defend Keith and the city and will likely provide
outside counsel for McClain.

Kelley added he's not aware of any physical injury to William Smith that
would warrant the $3 million being asked for in damages.

The lawsuit stemmed from a Jan. 6, 2001, incident in which Smith says
McClain confronted him about having an open beer can as he was retrieving a
cell phone out of the car parked in front of his Catalpa Avenue home.

"Pursuant to the policies and customs of the Knoxville Police Department,
(McClain) stopped (Smith) because he was an African-American man on the
street after dark," the lawsuit charges.

McClain, according to the petition, placed Smith in the back of his patrol
car after Smith denied the officer's claims that Smith had a beer can.

"Upon (Smith) asking for (McClain's) badge number, (McClain) became angry
and began screaming obscenities at (Smith)," the lawsuit alleges.

After some more questioning about the beer can, the lawsuit states McClain
released Smith from the patrol car.

McClain "manufactured evidence by placing a substance in the back of his
patrol cruiser as a plant so as to falsely arrest" Smith, the lawsuit contends.

The officer, according to the complaint, accused Smith of putting marijuana
in his vehicle, assaulted him, "took him to the ground," handcuffed him and
transported him to the Knox County Jail.

A Knox County General Sessions Court Judge dismissed on Sept. 17 the simple
possession/casual exchange of marijuana charge McClain lodged against
Smith, according to court records and the lawsuit.

McClain "presented false evidence to the Knox County General Sessions Court
that created a reasonable increased risk that (Smith) would be convicted,"
the lawsuit claims.

McClain also, "in concert with other employees" of the police department
and Keith, used false evidence in an internal affairs investigation which
was "designed to obstruct justice, cover up and justify the wrongful
conduct" of McClain, the lawsuit charges.

The lawsuit, filed Friday by attorneys Herbert S. Moncier and Ursula
Bailey, also claims Keith failed to conduct a complete or impartial
internal investigation of McClain's conduct in furtherance of a cover-up.

"The allegations against Chief Keith and the city with regard to some
cover-up are outlandish, offensive and frivolous," Kelley said. "I'm
surprised plaintiff's counsel would make such allegations because Mr.
Moncier is an honorable man."

Keith said the internal investigation has been concluded, but he hasn't
finalized the disposition because the investigation dealt with three cases
involving the officer. He said he expects to issue a disposition within the
next couple of weeks.