HOT SPRINGS -- A Garland County couple whose seven children were taken into state custody last year are suing law enforcement officials who searched their home.
Hal W. and Michelle Stanley filed a complaint last week in Garland County naming as defendants the Garland County sheriff's office, Sheriff Mike McCormick, Chief Deputy of Enforcement Jason Lawrence, investigator Terry Threadgill and Sgt. Mike Wright of the sheriff's office and Katherine Finnegan of the Arkansas State Police Crimes Against Children Division and state police Cpl. Russell Rhodes.
In addition to the Stanleys, the complaint lists six of their minor children as plaintiffs. It alleges the family was held without lawful authority during the 5½-hour search of its Treasure Isle residence on Jan. 12, 2015, when, according to the complaint, roughly 30 "government agents" entered their property in search of a chemical substance referred to as Master Mineral Solution.
The attached search warrant sworn out by Wright earlier that day also seeks "other chemical substances which could be used to endanger the welfare of children."
A news release the sheriff's office issued after the search said it was responding to child- abuse allegations reported to the Department of Human Service's Child Abuse Hotline three days earlier. The release said the sheriff's office investigation determined the children were "at risk of various harm due to different factors."
Hal Stanley testified before the Arkansas Legislature's Joint Performance Review Committee in October, arguing that the 21 true findings of neglect the state leveled against him after the children's removal were unsubstantiated.
His attorney, Joe Churchwell, told the committee that he would appeal the findings to the state's Office of Hearings and Appeals later that month. The disposition of the appeal is unknown. Churchwell didn't return calls seeking comment in October or earlier this week.
Hal Stanley told the committee the children have since been returned to the custody of him and his wife.
The complaint filed last week says members of the sheriff's Tactical Response Team, a doctor and emergency medical technicians, all under the command of Lawrence, surrounded the house and made Hal and Michelle Stanley, who was pregnant at the time, sit on the front porch during the duration of the search.
It also alleges the children were confined to the living-room area before being taken to an ambulance and examined by a doctor without the consent of their parents.
"I don't believe the county officers did anything wrong with regards to the execution of the search warrant," County Attorney Ralph Ohm said. "They were well within the rules prescribed by the Arkansas Rules of Criminal Procedure. I don't believe they did any damage to the Stanleys or their home.
"They made them stand outside while the house was searched. I feel like it will be dismissed in a motion for summary judgment."
Ohm said the state attorney general's office will represent the defendants associated with the state police.
State Desk on 01/19/2016