Pizza served up with illegal toppings in Collierville

Two Mid-South business owners are suing to get more than $200k back, after police confiscated the money.  One of their Collierville workers is charged with serving up pot along with the pizza he was selling.  The owners say they didn't know anything about it.

Marijuana isn't on the menu at Little Caesar's on New Byhalia, but police say one employee at this restaurant was serving up pot with the deep dish pepperoni.  Steven Barton was arrested on June 16th still wearing his Little Caesars uniform.

Police say Barton sold customers pot out of the where he was a cook and sometimes worked the register.  The arrest was made after several people complained that you could get drugs with your take out.

"We had a cooperating citizen of Collierville go in as an agent of the police department and we did make narcotics buys," says Collierville Police Captain Tommy McCaskill.

In court documents, Barton is accused of letting a customer buy pot with a debit card.  Investigators say one drug sale was for $12.  To keep the books balanced, Barton took cash from the drawer.

Barton isn't the only one with court troubles.  When Collierville police served a warrant to arrest Barton here at the restaurant...they also froze the restaurant owners' bank account--seizing more than 230-thousand dollars from Julie and Martin Mathews.

"We follow the guidelines in the state of Tennessee on asset seizure and forfeiture," explained McCaskill.  But the Mathews' aren't convinced Collierville police followed procedure.  In a lawsuit filed in Chancery Court against the town of Collierville and the state of Tennessee.  The Mathews' claim they didn't know one of their workers was selling drugs out of their business.

The suit asks that the $230,000 seized from their account be held in an interest bearing account until the issue is resolved.  That request for the court to hold that money was granted by Chancellor Walter Evans.

Steven Barton and his brother Justin, who was a manager at the store, were both fired after the arrest.  Barton is charged with possession of a controled substance with intent to sell.