County fighting $130,000 in court costs on The Murfreesboro Post

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County fighting $130,000 in court costs

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By: MICHELLE WILLARD, Post Staff Writer

Posted: Wednesday, August 6, 2008 3:27 pm

Rutherford County owes more than $130,000 to a man pulled over for speeding in 2004, according to the United States District Court.

Juan Ibarra was awarded $2,000 in damages and $130,460 in attorney’s fees after the district court found partially in his favor that Rutherford County Sheriff Kenneth Barrett violated Ibarra’s civil rights during a traffic stop.

The county has filed an appeal to lower the amount, but no trail date has been set yet.

In 2004 Barrett pulled over Ibarra for speeding on Interstate 24.

Barrett then asked Ibarra a series of questions about what was in the car or on his person, including whether Ibarra had more than $10,000 in cash.

Ibarra admitted to having $9,400 in his pocket. Barrett suspected it was drug money and confiscated all but $20 of it without any evidence to support the seizure. A search of the car revealed no contraband.

In 2005, Ibarra fought successfully to have his money returned. The sheriff’s department failed to do so within six months, at which point Ibarra sued Barrett and Rutherford County for violating his civil rights.

The case went to trial in 2007 and a jury found in favor of Ibarra, awarding him $2,000 in damages and asked for attorney’s fees and court costs.

Judge Aleta A. Trauger awarded fees and costs to the tune of $130,460. The county argued this was an excessive amount, but Trauger disagreed and on June 12 ordered the county to pay $127,503 in attorney’s fees and 2,957 in costs.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.

Tagged under RUCO

Member Opinions:

By: unbiasedopinion on 8/7/08
Way to go post! You finally got a story that the News Journal reported on almost two months ago!

I see ya'll mention a bottle in your new article on the web about the wreck too! You never even mentioned that in your first article. Just printing a verbatim press release. Shame shame. I thought newspapers were suppose to stand up for citizens, not the government?

By: mikepirtle on 8/7/08
We reported on the court costs story at this time since it made a county committee agenda. Suits and damges are an iffy news call until a final decision as appeals can seemingly go on forever.

Interestingly, your "unbiasedopinion" makes no mention of the M-N dress code story we reported Sunday and another paper had today.

But, thanks for the kudos from an unbiased opinion.

Mike Pirtle, The Post

By: Macgyver on 8/7/08
I bet Barrett never saw a bottle at the sence either, lol! Whats wrong with our police? To me it sounds as if the Officer just took the money for himself. Three stories in a few months of, hiding evidence, nepotism, and stealing. Great job guys!!!

By: devolver on 8/8/08
Tell 'em Mike!

So here's what's going to happen. They'll appeal, they'll lose the appeal and the county (THE TAX PAYERS) will be out even more money.