By Fred Guarino
The Lowndes Signal

A civil action lawsuit has been filed against Lowndes County, former Sheriff Charlie “Chip” Williams, former Investigator Derrick Maull, former Chief Deputy Lenny Lee and the insurer of Lowndes County over the alleged sale of a truck brought in for repair and the failure of the defendants to return the vehicle to the owner.

The lawsuit filed on Thursday, July 21 on behalf of Al Kenneth Scott in the United States District Court for the Middle District of Alabama alleges the sale of a Ford Expedition that was brought in for repair at Carnes Park Service Station and Garage in Hayneville and the loss of the personal property as a direct result of the defendant’s actions.

According to the lawsuit, “Because Mr. Scott didn’t sell the truck, he reported the struck as stolen to the Lowndes County Sheriff’s Department on May 21, 2010.”

Also, “As a proximate and direct result of the defendants’ actions, Mr. Scott has suffered a loss of personal property, a deprivation of his right to property without due process, a violation of his civil rights, great shame, humiliation, and embarrassment, monetary damages due to his financial purchase and subsequent investment into a vehicle that was unlawfully taken from him, mental anguish, loss of time and convenience, and a loss of personal dignity.”

Scott, who is represented by attorney Mark Overall of Montgomery, seeks a jury trial, a judgment holding the defendants jointly and severally liable, an award for compensatory and punitive damages, an order requiring the defendants to pay for all litigation costs, expenses and reasonable attorney fees and any further relief the plaintiff may be entitled to.

Lowndes County Commission Administrator Jackie Thomas said the case has been turned over to the county’s insurance.

Overall said Lowndes County, through its sheriff’s officers, violated the law and violated his clients constitutional rights.

He said that is “unacceptable under our federal constitution, under our state constitution and it offends the reputation of this state and the reputation of Lowndes County.”