Ricky J. Shugart v. David Thompson, A.K.A. "Lead Agent," A.K.A. "Agents" and Unknown Deputies, A.K.A. "Agents" Each in Their Individual and Official Capacities, Sheriff's Department of Fannin County

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possession of an item of value for its own use and forfeiture cases are not

applicable to the case presented. The issue in this case is the handling of the

dome, which by Shugart's own pleading, never left the property. It is undisputed — j£.
that the dome was used for illegally growing large amounts of marijuana and thus

was clearly used in the commission of a crime. It appears that the illegal growing \

ofmarijuana was the dome's only real use. 'Regardless, the issue Shugart raises, "vV"^ 'P y
the alleged improper destruction of the dome is the type of matter left to state law

and state court. (Appendix 1) Not every alleged action rises to the level of a

federal civil rights suit.

Shugart plead guilty to the criminal act associated with the dome. Further,

Shugart's pleadings themselves admit that Shugarfplanted the seeds in the dome •

and illegally grew the marijuana in the dome. In this suit, Shugart, post

conviction, seeks to challenge a litany of issues related to entry, search, arrest and

seizure, including damage to the dome, that all grew out of the same events - the

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*,^\ Case: 15-40235 Document: 00513548201 Page: 27 Date Filed: 06/14/2016

Shugart v. DEA, 3L96-CV-00013 (See Appendix 2) Thus, multiple factors support

the District Court's dismissal of this suit.

PRAYER FOR RELIEF

For these reasons, it is requested that the Court uphold the District Court's

orders dismissing this litigation.

Respectfully submitted,

WOLFE, TIDWELL & McCOY, LLP
320 North Travis Street, Suite 205
Sherman, Texas 75090
(903)868-1933
fr^dnm**ti mMsh fa (903) 892-2397 FAX

By: /s/ James C. Tidwell
James C. Tidwell
State Bar No. 20020100

INDEX TO APPENDICES

APPENDIX 1 Original Petition State Law Complaint filed in the 336th
Judicial District, Fannin County, State of Texas.

APPENDIX 2 Miscellaneous Court Records of Shugart

NOTICE OF ELECTRONIC FILING

I, James C. Tidwell, do hereby certify that I have electronically submitted for

filing, a true and correct copy of the above and foregoing Brief in accordance with

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