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Tort claim alleges police misconduct

by Conor CHRISTOFFERSON<br
| October 14, 2008 9:00 PM

SANDPOINT - The owners of a local bar are seeking $250,000 from the city of Sandpoint and the Sandpoint Police Department for what they say was police misconduct during a September incident at their downtown establishment.

The tort claim, filed by attorney Val Thornton on behalf of Roxy's Inc., alleges that two uniformed Sandpoint police officers entered Roxy's at approximately 12:30 a.m. on Sept. 27 and conducted an unauthorized search of personal employee business records. The claim also states the officers threatened to come back later and test the blood alcohol level of all remaining bar patrons.

The police actions interfered with the lawful operation of business and damaged the good will of the establishment, according to the claim.

Sandpoint Police Chief Mark Lockwood denies all allegations made against his officers, saying the incident was a by-the-book investigation of a possible over-serving violation.

"The allegations in the tort claim are absolutely incorrect. There was an officer that came in to investigate an over-service issue and he moved forward with that," Lockwood said.

"There was never a time that there were threats made - that we will do this, that we will do that. There was never a statement made that we would be coming back to breathalyse everyone."

Lockwood added  it is an "absolute lie" that officers went through employee records and said the city has a witness to the event who will corroborate the officers' statements.

Lockwood admits Roxy's is under a microscope due to previous violations and civil litigation against the bar, including an ongoing lawsuit facing the bar's owners, Charles and Wanda Miles, for allegedly over-serving a customer who later injured a Washington state man in a car accident.

Thornton said neither she nor the Miles' wished to comment on the claim.