LAW ENFORCEMENT AGENCIES ACCUSED OF MALICIOUS PROSECUTION, ABUSE OF PROCESS IN VIDEO GAME CRACKDOWN
Earlier this week we reported exclusively on a lawsuit being filed against the S.C. State Law Enforcement Division (SLED) and the Spartanburg County Sheriff’s office by LW Flynn – the owner of “Magic Minutes.”
That’s one of the video “sweepstakes” games South Carolina lawmakers have been trying to ban.
Flynn – a former investigator for the S.C. fifth circuit – was targeted during a 2013 raid as part of state government’s efforts to maintain its monopoly on gambling.
Well guess what … we’ve got the lawsuit (.pdf HERE).
According to the complaint, filed by Flynn’s attorney Scott J. Hayes earlier this month, SLED and Spartanburg County’s sheriff are accused of “malicious prosecution and abuse of process.” Further, it is alleged that Flynn was arrested and prosecuted without probable cause – violating his Fourth Amendment rights.
Specifically, the suit alleges that law enforcement erred when it arrested Flynn for possessing “illegal video poker machines” in Spartanburg County place of business that was raided by sheriff’s deputies.
The arrest warrant alleged this business – the Pine Street Party Shop – belonged to Flynn.
Is that true though? Not according to Flynn’s attorney, who said his client has “never been the owner” of this business. Flynn’s attorney also said his client “was not the owner of the alleged illegal video poker machines,” and that he was “never in possession” of the machines.
In other words, Flynn is alleging the warrant was bogus.
The most serious allegation in the suit?
That the SLED chief Mark Keel conspired with Spartanburg authorities to arrest Flynn on these charges following a March 2013 hearing in Myrtle Beach, S.C. – even though he and the Spartanburg sheriff, Chuck Wright, knew the charges were false.
“Keel coordinated with local law enforcement agencies throughout the State of South Carolina, to include the Spartanburg County Sheriff’s Office and (Wright), and representatives from the South Carolina Attorney General’s Office, in his pursuit to put Magic Minutes out of business,” the suit alleged.
Eventually, S.C. attorney general Alan Wilson‘s office dismissed the warrant against Flynn, but by then he had been fired from his job as a first lieutenant in the South Carolina State Guard and “his reputation and the reputation of his brand had been impacted immeasurably.”
9 comments
Keel involved, I’m not surprised. Corrupt from the top down.
?
This whole situation is similar to a mafia war:
Corrupt police are using government force to overwhelm & destroy another competitor in their video game racketeering market.
The corrupt cops don’t like their territory being moved in on-
If this suit is successful, and I doubt it will be given the cozy relationship between LE and the “justus” system, if would set up a model for a lot of other suits.
For example, a drug dealer could sue a corrupt PD for pushing him out of business if it was shown PD officers were selling confiscated drugs on the street.(which 90% likely happens in most major metropolis PD’s).
The justus system is never going to let that cat out of the bag.
L.W. Flynn, the former 5th Circuit Solicitor’s Office investigator.
Decided to go in business for himself.
No doubt that he thought his previous ties to corrupted government officials would protect him.
If he’d have given them a cut of his take, they probably would have.
What’s “big” about it? It looks like your typical 1983 lawsuit with a couple of tort claims thrown in as well. It doesn’t appear that they’re attempting to invalidate a statute or challenge the gambling ban.
In other words, this is less newsworthy than the lawsuit currently pending against you, Will. By the way, what’s the latest on that one?
Fitsnews is using the same defense used in Hustler Magazine v. Falwell. His writing is to be regarded as parody and satire and not to be regarded as factual. The banner at the top is Fits defense. “UNFAIR. IMBALANCED.” FitsNews will win.
This is going to be a complete circus act. An incompetent attorney battling and incomplete agency. Flynn take free advise, save your money and go into legal businesses.
Why does FitsNews leave out that Flynn has plead guilty to federal gambling charges and tax evasion?
http://www.thestate.com/news/local/crime/article32371626.html