A lawyer for a Lawrence man whose home was illegally searched by police two years ago has notified city officials his client intends to file a lawsuit seeking $75,000 in damages.

“I’ve presented a letter of demand to the city, which I’m required to do prior to taking legal action,” said Topeka attorney Thomas Haney.

Haney is representing James Dyshaun Hawkins, who was arrested on drug paraphernalia charges during an Nov. 3, 2001, traffic stop. Police also seized $800 cash found in Hawkins’ car.

Two and a half hours later, Lawrence Police Officer Stuart “Mike” Peck obtained a search warrant for Hawkins’ residence, claiming that a confidential informant had assured him that Hawkins was a drug dealer. During the search, Peck found marijuana, cocaine, drug paraphernalia and $600 cash.

Earlier this year, charges against Hawkins were dropped after Douglas County District Judge Michael Malone ruled that Peck had misled the court and that evidence obtained during the search would not be allowed in court.

Peck, who denied any wrongdoing, was later fired.

In a recent e-mail to the Journal-World, Peck noted that he, too, had received an intent-to-sue letter from Haney.

“Needless to say, I told (Haney) that I would welcome the opportunity to have the case taken to another court so that I may be exonerated,” Peck wrote. “I don’t know where I am going to find (money) to hire an attorney to defend me, but I’ll defend myself if I have to.”

City officials vowed to fight the lawsuit.

“I’ve received their letter, but I’ve not investigated it — not yet,” said Gerald Cooley, a Lawrence attorney who often represents the city.

“But if they file a lawsuit, we will mount a vigorous defense,” Cooley said.

Cooley said it was unclear whether the city also would represent Peck, who, at the time, was employed by the city.

“That’s an issue that hasn’t been brought up yet,” he said. “But it will be, I’m sure.”

Haney argued that Peck and the Police Department subjected his client to “arrest without probable cause” and “prosecution based on false testimony.”

If city officials decide against settling out of court, Haney said, “it is fully our intent to file a lawsuit.”

Attempts to reach Hawkins for comment were unsuccessful. He now lives in the Kansas City area.

Hawkins, 25, spent more than seven months in prison for parole violations tied to possession of a stolen firearm in 1996. He was released Nov. 14, 2000.

Last year, Hawkins was fined $500 after pleading no contest to driving on the wrong side of the road, open container, no proof of insurance and battery against a law enforcement officer.

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