SUIT CLAIMS POLICE KEPT MAN'S $9,400

Georgian Wasn't Charged; Says He Was Targeted Because He's Hispanic

A Rutherford County Sheriff's deputy confiscated $9,400 from a
Georgia subcontractor on suspicion of drug activity but never
returned the money even though investigators found no evidence of
wrongdoing, a lawsuit against the department claims.

The subcontractor, Juan Ibarra, further alleges in the civil suit
that he believes he was targeted because he is Hispanic.

According to the suit filed recently in District Court, Deputy
Kenneth Barrett stopped Ibarra, 37, of Smyrna, Ga., for speeding on
Nov. 10, 2004, and confiscated all but $20 of his money under the
Tennessee Drug Control Act. A search of the car showed no sign of
illegal activity, and Ibarra was neither arrested nor cited for
anything but speeding during the stop, records show.

Barrett testified during a May hearing before an administrative judge
of the Tennessee Department of Safety that police dispatch told him
Ibarra was once arrested on a charge of possession of marijuana, but
the state didn't submit any evidence that Ibarra had prior drug
arrests, according to court documents.

Ibarra said he received the money through subcontracting work with
Openlander Construction Co. The judge in the hearing ruled that
Ibarra had earned the money legally, and it should be returned to
him. Ibarra still has not gotten his money back, according to his
attorney, Jonathan Street.

"You can't seize people's property without any probable cause, and
there was certainly no probable cause for drugs," Street said.

County attorney Jim Cope said a lawyer has not been appointed to this
case and he could not comment. Ibarra is seeking a jury trial and
asking for the return of his money, legal expenses, loss of wages,
loss of time and emotional suffering.

Street said that because the state did not establish any relationship
between Ibarra's money and drugs, the seizure raises concern that
Ibarra was targeted because of his race.

"We feel like he was targeted as a Hispanic," Street said."

Just because he has lots on money on him doesn't give the state the
right under any law just to take it."