One of the owners whose business was shut down in the midst of Operation Candy Crush has filed a lawsuit in federal court.

James Swain Rieves is the owner of Platinum Vapor, LLC doing business as Cloud 9 Hemp, one of nearly two dozen Rutherford County businesses closed down in February during the operation, which alleged the stores were illegally selling CBD-based products.

The lawsuit was filed Tuesday evening, attorney Wesley Clark said, and named the Town of Smyrna, Police Chief Kevin Arnold, Rutherford County, District Attorney Jennings Jones, Assistant District Attorney John Zimmermann and Sheriff Mike Fitzhugh.

Charges in the case were eventually dropped, as CBD products derived from hemp are legal in Tennessee.

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In the lawsuit, Rieves states he suffered mistreatment. His store, located on Jefferson Street in Smyrna, was initially raided in September 2017. No criminal charges were filed at that time.

Investigators seized approximately $60,000 worth of merchandise and equipment, the lawsuit states.

Rieves said law enforcement agents had proof that items sold at his store were also sold at local gas stations, markets and online at Amazon.

The suit also states the town of Smyrna failed to educate its officers on the difference between industrial hemp and illegal marijuana.

It is believed to be the first lawsuit filed by a store owner with ties to the case, Clark said.

After the September raid, Rieves "purchased more inventory and resumed the sale of his industrial hemp derivatives because he had a family to feed and he knew he was not breaking the law," the lawsuit states.

Rieves had no additional action taken against him until a Feb. 12 raid took place as part of Operation Candy Crush. The lawsuit claims Rieves' civil rights were violated and that he was falsely arrested, causing him to suffer mental and emotional distress and loss of income, among other things.

He seeks a jury trial and compensatory damages in the amount of $500,000, along with attorneys fees and other damages.

Reach Mealand Ragland-Hudgins at 615-278-5160 or mragland@dnj.com.

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Read the full lawsuit below:



