IN THHE CICUIT COURT FO THE CITY OF ST. LOUIS STATE OF MISSOURI RUBA, LLC and MOHAMMED ALMUTTAN, Plaintffs/Relators, (Cause No. 17SL-CC00472 v. Div.19 CITY OF COUNTRY CLUB HILLS, etal. Defendants/Respondents EILING MEMORANDUM (COME NOW Plaintiff/Relator and file the Affidavit of Clifton Ware Wize, Kanzuen & Diaarr, LLC By: (s/Jov L Jay L, Kanzler Je. #41398 ‘Coren Brown #62767 2001 8. Big Bend Blvd, ‘St.Louis, MO 63117 314-645-5367 314-645-5387(fix) jaykanzler@wile.com Attorneys for Plaimtffi’RelatorsCERTIFICATE OF SERVICE, ‘The undersigned hereby certifies that a copy ofthe foregoing was sent electronically this 8th day of February, 2017 tothe following: Kenneth Heinz (Custis Heinz et al 1308 Bemiston, Suite 200 St. Louis Missouri 63105-1913 Khinz@ehgolaw.com Jl Say L, KanaleIN THHE CICUIT COURT FO THE CITY OF ST. LOUIS STATE OF MISSOURI RUBA, LLC and MOHAMMED. ALMUTTAN, PlaintiffyRelators, Cause No, 17SL-C000472 vy Div.19 CITY OF COUNTRY CLUB HILLS, el, Defendant/Respondets AFEIDAVIT OF CHIEF CLIFTON WARE 1. Myname is Clifton Ware and Yam atleast 18 years of age and flly-capabe to testify as to the mates se forth herein. [make this affidavit under oath and based upon my personal knowledge. 2 Currently [am the Chief of Potice in Moline Acres, Missouri 3. From December 2006 through December 31,2015, 1 was the Chie of Police in Country Club His, Missouri. I retired on December 31,2015 4. using my last years as Chief of Police in Country Club Hills, Bender McKinney ‘was an Alderman inthe City. Thad many conversations with him in his capacity as Alderman, 5. Inone conversation with Mr. MeKinney about Mohammed Almattan and hs family, then Alderman McKinney made the following statement to me and then Mayor Powell, about the Mr. Almuttan, his brothers and ther businesses: “You al allowed tht tas to come {to Country Club Hills and open businesses, and now Iam going to clean house.” The reference of trash” was clearly meant to describe Mr. Almutan and his family as immigrant Muslims,6 Onanother occasion, the Alderman MeKinney stated to me that Mr, Almuttan and his family were “illegals” and hat the Country Club Hills Police Deparment under my ‘command was not doing anything about it explained to Mr, MeKGinney tha the department had {investigated Mr. Almuttan and hs family, had spent significant tine in and around the busines, ‘and knew that in fact they were not “illegal end that nothing illegal was taking place atthe busines. 7. Inresponse, Mr. McKinney presured me to instruct my officers to harass the business and its customers. This included instructions to “st” on thei ot, visit and remain Inside of the store for extended periods of time, all with the intended outcome of damaging the business. Iefused todo this. 8. Affiant sayeth nothing further. ray commissan ties