Posted at: 12/12/2012 8:24 AM
Updated at: 12/12/2012 5:45 PM
According to a ruling from Judge Shaun Floerke, the lawsuit filed by Jim Carlson and the Last Place On Earth against the city of Duluth, has been dismissed.
In the order filed on Tuesday, the judge said that the complaints against the city are dismissed. They could be re-filed at another time, however.
Carlson met with us at his store on Wednesday afternoon.
He said, "We wish the judge had ruled the other way, but we can re-file it eventually. We respect his opinion. We just don't agree that the government can hold my stuff for three years, while trying to decide if they're going to do anything."
Carlson and his attorney had argued for the return of the items like firearms and money seized during a 2011 raid on the business. The judge has ruled because the criminal investigation is on-going, and the statute of limitations is three years, that the city is not required to return the items until a decision is made about the criminal charges.
Carlson also alleged that the city violated his civil rights. The judge said there has not been any evidence presented that a policy, practice, or custom violated the constitutional rights of Carlson.
"I think the judge saw this case for what it was, a Trojan horse to get more information about the criminal case," said Gunnar Johnson, the City Attorney for Duluth. "The case is still under investigation."
Also in the ruling, the judge said that most of the BCA testing of the synthetic drugs confiscated show the presence of a certain compound called AM-2201. That was not listed specifically as an illegal compound in 2011, when that first raid happened. But it was illegal the next year, effective August 1, 2012, according to the ruling.
Both Carlson's attorney and Johnson said on Wednesday that one banned substance was found in the shop.
A second raid of the store happened in July, 2012.
Carlson said he expects to be arrested soon. For more on that story: