Layton City to seek dismissal over ‘drugging’ of an officer case

LAYTON, Utah – Two police officers and attorneys representing Layton City will fight to dismiss a lawsuit filed against them by a Subway franchise owner, who said that investigation into an alleged poisoning caused their business to fail.

An 18-year-old employee of a Layton Subway on 1148 E. Highway 193 was arrested on Aug 8, 2016 after officers suspected he had spiked one of their lemonades with illegal drugs.

Tanis Ukena later had charges dropped against him, after lab tests failed to find drugs in the drink he gave to police.

Owners of the Subway Dallas Buttars and Kristin Myers said in an Aug. 9 suit filing that they lost several employees, and suffered a decline in business after police publicized their claims of the alleged poisoning.

Ukena filed a claim for damages against Layton City, and received an out-of-court settlement for $50,000.

In documents filed in U.S. District Court in Salt Lake City on Monday, city representatives and attorneys of the two officers said that the owners of the subway did not state sufficient grounds for city liability.

Sgt. Clint Bobrowski and Lt. Travis Lyman are being represented by Dani Capernich, who said that the officers should receive qualified immunity, which would keep them from being held responsible for any damages.

A pretrial conference is scheduled for Nov. 8, before U.S. Magistrate Judge Evelyn J. Furse.