Stoddard County business owners sue prosecutor, sheriff

BLOOMFIELD, Mo. -- Four Stoddard County businesses and owners have filed suit in federal court against Prosecuting Attorney Russell Oliver and Sheriff Carl Hefner as a result of a July raid on the businesses that seized hundreds of packets of what authorities called imitation controlled substances.

The three lawsuits were filed in the Eastern District of Missouri by J&R Quick Stop and Jim Page, Jack's of Bernie, Mo., C&A Distributing and Gary Jackson, as well as RL's Package Plus and Rick Lane.

Jim Page of J&R Quick Stop alleges that before placing the items in his store, he was assured by Hefner that "the herbal incense was legal."

On July 12, a letter was drafted by Oliver addressed to "Businesses of Stoddard County" informing them of the county's stance on the sale of herbal incense. In the letter he referred to them as "imitation controlled substances."

On July 14, Oliver hand-delivered the letter to a number of stores with Hefner and sheriff's deputies on hand to seize the products. They said the employees handed over the products at each store willingly.

In all but one case, the owners were not present at the time of the visit, so employees were asked to hand over the products.

The lawsuits allege that the sweep was intimidating and menacing to owners, employees and customers.

The owners argue that no search warrant was issued nor was there any scientific testing done on the products in question to determine if, in fact, they were imitation controlled substances.

The court documents state it caused reputational harm to the businesses, owners and their businesses by implying that they were engaged in illegal activities.

The suits allege that the four businesses lost a combined $1,456 in inventory as well as $64,408 in lost income and earnings.

The plaintiffs' attorney in the cases, Thad Mulholland, said Friday that he questions the statutes used to justify the seizure of the products.

House Bill 641, a statewide ban on bath salts and herbal incense, was signed by Gov. Jay Nixon in July but is not the statute involved in the case. That statute did not take effect until Aug. 28.

Mulholland also took issue with Oliver in that he feels the prosecutor is trying to lump them together with bath salts.

"None of my clients were in possession of bath salts," he said.

Attempts to reach Keith Henson, attorney for the county, were unsuccessful Friday.

No court date has yet been set.

Pertinent address:

Bloomfield, MO