The Canadian Record (Canadian, Tex.), Vol. 112, No. 30, Ed. 1 Thursday, July 25, 2002 Page: 5 of 24
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?6e @a*taduM RJECORD
THURSDAY 25 JULY 2002
S
IIS. D istrict udge inds no evidence of
civil rights violations in arkhill lawsuit
Hemphill County and Chief
Deputy Doug Tennant claimed a
victory in federal court on May 16
when United States District
Judge Mary Lou Robinson
granted their request for sum-
mary judgement in a civil rights
suit filed by Alice Parkhill.
Judge Robinson found no evi-
dence to support Parkhill's claim
that consent to search her home
at 218 W. Washita had been co-
erced, and that her civil rights
had been violated. The search,
conducted by local and regional
law enforcement authorities on
July 27,2001, turned up a lab used
for the production of metham-
phetamine, and resulted in illegal
drug manufacturing and posses-
sion charges against Parkhill's
common law husband, Elvin
Parkhill.
Parkhill was seeking about
$82,500 in damages—both actual
and punitive—and attorney's fees
in the lawsuit, which was first
filed in 31st District Court and
moved to U.S. District Court in
Amarillo. The original suit named
Tennant, in his official capacity as
Chief Deputy, as the defendant,
and later included his employer,
Hemphill County.
On July 8, County Commis-
sioners reported the final tab for
the lawsuit—payment of the
$1,000 deductible to St. Paul Fire
and Marine Insurance Company,
the insurance company which
represented Hemphill County in
the lawsuit.
The lawsuit stemmed from a
July 27, 2001, search of Alice
Parkhill's residence by Hemphill
County law enforcement officers.
While responding to a domestic
assault complaint lodged that
morning by Alice Parkhill against
her husband, authorities ob-
served the strong smell of
ether—one indicator of metham-
phetamine production—emanat-
ing from the couple's screened
front door. After arresting and
booking Elvin Parkhill on assault
charges, Tennant and Deputy Joe
Hoard obtained Alice Parkhill's
consent to search the residence.
During the search, conducted
by local law enforcement officers
with the help of the Panhandle,
Regional Narcotics Task Force, a
meth lab was discovered. Among
the evidence collected during the
search were syringes, cans of
starter fluid (ether) with hole
punched in the bottom, drain
cleaner (sulphuric acid), filter pa-
per and butane bottles—all mate-
rials used in meth production—
and a substance later identified as
methamphetamine.
Subsequently, Elvin Parkhill
was charged with possession and
manufacturing of a controlled
substance.
While searching the home, of-
ficers also discovered several
code violations, including open
sewage overflowing from a septic
tank, and exposed electrical wir-
ing. The presence of both ether
and exposed live electrical wires
raised concerns about the safety
of the home. Following an inspec-
tion by the City Code Enforce-
ment Officer, the electricity and
water were shut off to the
residence.
In July of last year, Shamrock
attorney Jim Fling filed a lawsuit
against Tennant on Parkhill's be-
half, claiming that her consent to
search was coerced—not volun-
tary—and that as a result of the
illegal search, her property was
seized and condemned, further vi-
olating her civil rights.
According to statements made
by both the plaintiff and defen-
dant, Parkhill denied the pres-
ence of illegal drugs in her home,
and at first refused to grant con-
sent to search. Parkhill said she
was threatened with arrest if she
did not agree to the search.
According to Tennant's state-
ment, Parkhill threatened to
withdraw the assault complaint
against her husband when asked
for consent to search. Tennant
told Parkhill that she could then
be charged with filing a false com-
plaint, that a search warrant
could be obtained without her co-
operation, and that she and her
husband could both face charges
if illegal drugs were discovered.
Parkhill signed the consent to
I
18
City officials noted numerous code violations at the Parkhill residence, including exposed electrical wir-
ing and sewage overflowing from a septic tank.
search form, indicating verbally
and in writing that her consent
was voluntary. The conversation
between Tennant and Parkhill
lasted approximately six or seven
minutes.
In ordering the summary
judgement, Judge Robinson
found that Parkhill was not in cus-
tody or under restraint, had oth-
erwise cooperated with the
officers, and had sufficient educa-
tion and experience to under-
stand the nature of the consent
form and her right to refuse con-
sent. The brief length of time
taken by Tennant to gain consent
was also a factor in determining
its voluntary nature.
Judge Robinson further found
no showing of fact that the search
resulted in damages to Parkhill
because city code violations were
exposed, and her property seized.
Those damages, if any, Judge
Robinson ruled, were the direct
result of actions taken by City of-
ficials. "The undisputed evidence
is that City officials were called in
because [law enforcement offi-
cials] believed that the ether and
the exposed electric wires created
a dangerous condition inside the
house," according to the Judge's
ruling.
Attention Veterans
Your Veterans Service Officer,
Nick Thomas
can help you with any
'eteran-related problems,
a per work or medical records
Call 323-9111
&
&
~£Aere Is no excuse. l{or Aomt&tlc vhUnu
Tralee Crisis Center
Counseling for Family Violence &
Sexual Assault Victims, Personal & Legal
Advocacy lor all Crime Victims,
Sa£e Shelter
24-Hour Hotline
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Ezzell, Nancy & Brown, Laurie Ezzell. The Canadian Record (Canadian, Tex.), Vol. 112, No. 30, Ed. 1 Thursday, July 25, 2002, newspaper, July 25, 2002; Canadian, Texas. (https://texashistory.unt.edu/ark:/67531/metapth220539/m1/5/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Hemphill County Library.