Man claims deputy dressed up deer antlers, relocated pornography

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By Josh Sweigart, Staff Writer Updated 11:31 PM Tuesday, November 17, 2009

An Okeana resident claims a Butler County sheriff’s deputy and a state wildlife officer looking for hunting violations at his home violated his civil rights when they moved his girlfriend’s sex toys and his pornography into plain sight, and dressed deer antlers in his home with a hat, Christmas lights and goggles.

Robert James is suing in federal court, naming Deputy Daron Rhoads, wildlife officer James Tunnell and a third unknown officer in the suit. The suit says Rhoads pulled James over on a traffic stop on Nov. 13, 2007, and took him into custody after finding two unsecured firearms in the cab of his truck.

Tunnell was then dispatched and began an investigation into illegal hunting activities, which led to a search of James' home, according to the complaint.

While James was handcuffed in the cruiser, the complaint says the officers spent roughly four hours searching the home.

While there, the suit claims the officers seized his girlfriend’s sex toys, turned them on and left them in plain sight “for James to see that they had found them,” and did the same with pornographic video tapes they found.

It also claims the officers seized James’ weapons and ammunition from secure locations in the home and “lined them up in different and insecure locations all throughout the house.”

Finally, the suit claims the officers “placed a hat, Christmas lights and goggles on deer antlers that were affixed to James’ wall.”

James was ultimately fined for a misdemeanor gun offense, and was charged with a misdemeanor deer tagging offense, according to the complaint.

The suit requests a jury trial. It was filed Friday, Nov. 13 in federal court in Cincinnati by Middletown attorney Christopher Pagan.

Claims include unreasonable execution of a search warrant, excessive force and civil rights violations. James seeks unspecified compensatory damages.

Calls to the sheriff’s office and the Ohio Department of Natural Resources were not returned Monday afternoon. Pagan also did not return calls.

Contact this reporter at (513) 820-2175 or jsweigart@coxohio.com.

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