In several ways, the worst case I have yet read about

http://www.courthousenews.com/2013/07/03/59061.htm

Wednesday, July 03, 2013Last Update: 10:27 AM PT

Police Commandeer Homes, Get Sued
By MEGAN GALLEGOS
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LAS VEGAS (CN) - Henderson police arrested a family for refusing to let
officers use their homes as lookouts for a domestic violence
investigation of their neighbors, the family claims in court.
Anthony Mitchell and his parents Michael and Linda Mitchell sued the
City of Henderson, its Police Chief Jutta Chambers, Officers Garret
Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher
Worley, and City of North Las Vegas and its Police Chief Joseph
Chronister, in Federal Court.
Henderson, pop. 257,000, is a suburb of Las Vegas.
The Mitchell family's claim includes Third Amendment violations, a rare
claim in the United States. The Third Amendment prohibits quartering
soldiers in citizens' homes in times of peace without the consent of the
owner.
"On the morning of July 10th, 2011, officers from the Henderson Police
Department responded to a domestic violence call at a neighbor's
residence," the Mitchells say in the complaint.
It continues: "At 10:45 a.m. defendant Officer Christopher Worley (HPD)
contacted plaintiff Anthony Mitchell via his telephone. Worley told
plaintiff that police needed to occupy his home in order to gain a
'tactical advantage' against the occupant of the neighboring house.
Anthony Mitchell told the officer that he did not want to become
involved and that he did not want police to enter his residence.
Although Worley continued to insist that plaintiff should leave his
residence, plaintiff clearly explained that he did not intend to leave
his home or to allow police to occupy his home. Worley then ended the
phone call.
Mitchell claims that defendant officers, including Cawthorn and Worley
and Sgt. Michael Waller then "conspired among themselves to force
Anthony Mitchell out of his residence and to occupy his home for their
own use." (Waller is identified as a defendant in the body of the
complaint, but not in the heading of it.)
The complaint continues: "Defendant Officer David Cawthorn outlined the
defendants' plan in his official report: 'It was determined to move to
367 Evening Side and attempt to contact Mitchell. If Mitchell answered
the door he would be asked to leave. If he refused to leave he would be
arrested for Obstructing a Police Officer. If Mitchell refused to answer
the door, force entry would be made and Mitchell would be arrested.'"
At a few minutes before noon, at least five defendant officers "arrayed
themselves in front of plaintiff Anthony Mitchell's house and prepared
to execute their plan," the complaint states.
It continues: "The officers banged forcefully on the door and loudly
commanded Anthony Mitchell to open the door to his residence.
"Surprised and perturbed, plaintiff Anthony Mitchell immediately called
his mother (plaintiff Linda Mitchell) on the phone, exclaiming to her
that the police were beating on his front door.
"Seconds later, officers, including Officer Rockwell, smashed open
plaintiff Anthony Mitchell's front door with a metal ram as plaintiff
stood in his living room.
"As plaintiff Anthony Mitchell stood in shock, the officers aimed their
weapons at Anthony Mitchell and shouted obscenities at him and ordered
him to lie down on the floor.
"Fearing for his life, plaintiff Anthony Mitchell dropped his phone and
prostrated himself onto the floor of his living room, covering his face
and hands.
"Addressing plaintiff as 'asshole', officers, including Officer Snyder,
shouted conflicting orders at Anthony Mitchell, commanding him to both
shut off his phone, which was on the floor in front of his head, and
simultaneously commanding him to 'crawl' toward the officers.
"Confused and terrified, plaintiff Anthony Mitchell remained curled on
the floor of his living room, with his hands over his face, and made no
movement.
"Although plaintiff Anthony Mitchell was lying motionless on the ground
and posed no threat, officers, including Officer David Cawthorn, then
fired multiple 'pepperball' rounds at plaintiff as he lay defenseless on
the floor of his living room. Anthony Mitchell was struck at least three
times by shots fired from close range, injuring him and causing him
severe pain." (Parentheses in complaint.)
Officers then arrested him for obstructing a police officer, searched
the house and moved furniture without his permission and set up a place
in his home for a lookout, Mitchell says in the complaint.
He says they also hurt his pet dog for no reason whatsoever: "Plaintiff
Anthony Mitchell's pet, a female dog named 'Sam,' was cowering in the
corner when officers smashed through the front door. Although the
terrified animal posed no threat to officers, they gratuitously shot it
with one or more pepperball rounds. The panicked animal howled in fear
and pain and fled from the residence. Sam was subsequently left trapped
outside in a fenced alcove without access to water, food, or shelter
from the sun for much of the day, while temperatures outside soared to
over 100 degrees Fahrenheit."
Anthony and his parents live in separate houses, close to one another on
the same street. He claims that police treated his parents the same way.
"Meanwhile, starting at approximately 10:45 a.m., police officers
entered the back yard of plaintiffs Michael Mitchell and Linda
Mitchell's residence at 362 Eveningside Avenue. The officers asked
plaintiff Michael Mitchell if he would be willing to vacate his
residence and accompany them to their 'command center' under the guise
that the officers wanted Michael Mitchell's assistance in negotiating
the surrender of the neighboring suspect at 363 Eveningside Avenue.
Plaintiff Michael Mitchell reluctantly agreed to follow the officers
from his back yard to the HPD command center, which was approximately
one quarter mile away," the complaint states.
"When plaintiff Michael Mitchell arrived at the HPD command center, he
was informed that the suspect was 'not taking any calls' and that
plaintiff Michael Mitchell would not be permitted to call the suspect
neighbor from his own phone. At that time, Mr. Mitchell realized that
the request to accompany officers to the HPD command center was a tactic
to remove him from his house. He waited approximately ten minutes at the
HPD command center and was told he could not return to his home.
"Plaintiff Michael Mitchell then left HPD command center and walked down
Mauve Street toward the exit of the neighborhood. After walking for less
than five minutes, an HPD car pulled up next to him. He was told that
his wife, Linda Mitchell, had 'left the house' and would meet him at the
HPD command center. Michael Mitchell then walked back up Mauve Street to
the HPD command center. He called his son, James Mitchell, to pick him
up at the HPD command center. When plaintiff Michael Mitchell attempted
to leave the HPD command center to meet James, he was arrested,
handcuffed and placed in the back of a marked police car.
"Officers had no reasonable grounds to detain plaintiff Michael
Mitchell, nor probable
cause to suspect him of committing any crime.
"At approximately 1:45 p.m., a group of officers entered the backyard of
plaintiffs Michael Mitchell and Linda Mitchell's residence at 362
Eveningside Avenue. They banged on the back door of the house and
demanded that plaintiff Linda Mitchell open the door.
"Plaintiff Linda Mitchell complied and opened the door to her home. When
she told officers that they could not enter her home without a warrant,
the officers ignored her. One officer, defendant Doe 1, seized her by
the arm, and other officers entered her home without permission.
"Defendant Doe 1 then forcibly pulled plaintiff Linda Mitchell out of
her house.
"Another unidentified officer, defendant Doe 2, then seized plaintiff
Linda Mitchell's purse and began rummaging through it, without
permission, consent, or a warrant.
"Defendant Doe 1 then escorted Linda Mitchell at a brisk pace through
her yard and
up the hill toward the 'Command Post' while maintaining a firm grip on
her upper arm. Plaintiff Linda Mitchell is physically frail and had
difficulty breathing due to the heat and the swift pace. However, Doe 1
ignored her pleas to be released or to at least slow down, and refused
to provide any explanation for why she was being treated in such a manner.
"In the meantime, the officers searched and occupied plaintiffs Michael
Mitchell and
Linda Mitchell's house. When plaintiff Linda Mitchell returned to her
home, the cabinets and closet doors throughout the house had been left
open and their contents moved about. Water had been consumed from their
water dispenser. Even the refrigerator door had been left ajar and
mustard and mayonnaise had been left on their kitchen floor."
Police took Anthony and Michael Mitchell to jail and booked them for
obstructing an officer. They were jailed for at least nine hours before
they bailed out, they say in the complaint. All criminal charges were
dismissed with prejudice. They claim the defendants filed the baseless
criminal charges "to provide cover for defendants' wrongful actions, to
frustrate and impede plaintiffs' ability to seek relief for those
actions, and to further intimidate and retaliate against plaintiffs."
None of the officers were ever subjected to official discipline or even
inquiry, the complaint states.
The Mitchells seek punitive damages for violations of the third, fourth
and 14th Amendments, assault and battery, conspiracy, defamation, abuse
of process, malicious prosecution, negligence and emotional distress.
They are represented by Benjamin C. Durham, with Cofer, Geller & Durham,
in Las Vegas.