Buck531 Posted July 7, 2013 Report Share Posted July 7, 2013 http://reason.com/blog/2013/07/05/nevada-family-says-police-occupation-vio You don't often hear about lawsuits based on the Third Amendment, the one that says "no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law." That usually overlooked provision is cited in a federal lawsuit recently filed by Anthony Mitchell and his parents, Michael and Linda Mitchell—an oddity for which we can thank the Henderson, Nevada, police department. The Mitchells, who live in separate houses near each other in the Las Vegas suburb, were forcibly evicted from their homes on July 10, 2011, by police officers responding to a domestic violence report involving one of their neighbors. Here is how it all started, according to the complaint: 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. The cops did not take no for an answer: [Henderson police 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. The cops pepperballed Mitchell's dog for good measure, even though she was "cowering in the corner when officers smashed through the front door." They charged Mitchell with...wait for it..."obstructing an officer." His father, Michael, faced the same charge after he tried to leave a police command center to which he was lured under false pretenses while the police took over his house as well. The two men were jailed for nine hours before making bail, and the charges ultimately were dismissed with prejudice. The lawsuit argues that police filed the unjustified 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." In addition to Third and Fourth Amendment violations tied to the warrantless occupation of their homes, the Mitchells say the police are guilty of assault and battery, conspiracy, defamation, abuse of process, malicious prosecution, negligence, and infliction of emotional distress. Quote Link to comment Share on other sites More sharing options...
smokin5s Posted July 7, 2013 Report Share Posted July 7, 2013 WTF?? Quote Link to comment Share on other sites More sharing options...
cstmg8 Posted July 7, 2013 Report Share Posted July 7, 2013 Wow, they'll come away with a settlement for sure. Quote Link to comment Share on other sites More sharing options...
Green Bastard Posted July 7, 2013 Report Share Posted July 7, 2013 I hope some officers lose their jobs over this. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted July 7, 2013 Report Share Posted July 7, 2013 Sounds like Henderson, NV may be making a payout in the near future. In the end, I'll take a few pepper balls for the money. Quote Link to comment Share on other sites More sharing options...
sol740 Posted July 7, 2013 Report Share Posted July 7, 2013 I hope they're defended by the union, given paid administrative leave till the situation blows over, then eventually transferred to another city/county/state in time to violate the rights of someone else. Quote Link to comment Share on other sites More sharing options...
BStowers023 Posted July 7, 2013 Report Share Posted July 7, 2013 Dumbasses. I hope ALL the cops involved are fired. They should be thrown in Jail honestly. Quote Link to comment Share on other sites More sharing options...
Geeesammy Posted July 7, 2013 Report Share Posted July 7, 2013 Sounds like assault to me. Also breaking and entering. Animal cruelty also? Throw the book at these assholes. Quote Link to comment Share on other sites More sharing options...
BigOxley Posted July 7, 2013 Report Share Posted July 7, 2013 sounds like the only source of info in the article is the Mitchell's lawyer. Quote Link to comment Share on other sites More sharing options...
Das Borgen Posted July 7, 2013 Report Share Posted July 7, 2013 sounds like the only source of info in the article is the Mitchell's lawyer. yea, I wonder what the cops have to say about it Quote Link to comment Share on other sites More sharing options...
JaSSon Posted July 7, 2013 Report Share Posted July 7, 2013 Right on. No one is above the law. Quote Link to comment Share on other sites More sharing options...
1fast5gp Posted July 7, 2013 Report Share Posted July 7, 2013 If all the accusations are true, then I hope they all get arrested and charged/ Convicted accordingly. Quote Link to comment Share on other sites More sharing options...
John Bruh Posted July 8, 2013 Report Share Posted July 8, 2013 Just another day living in a police state. Quote Link to comment Share on other sites More sharing options...
smokinHawk1647545499 Posted July 8, 2013 Report Share Posted July 8, 2013 Just like Obama wanted CHANGE Quote Link to comment Share on other sites More sharing options...
Akula Posted July 8, 2013 Report Share Posted July 8, 2013 So, if the police are chasing a criminal, they can come into your home. They can't demand the use of your property for anything. If it was me, I would end up owning all of their homes. Quote Link to comment Share on other sites More sharing options...
FourString Posted July 9, 2013 Report Share Posted July 9, 2013 You can't help but wonder...could there be more to this story? Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 9, 2013 Report Share Posted July 9, 2013 sounds like the only source of info in the article is the Mitchell's lawyer. http://www.foxnews.com/politics/2013/07/08/family-booted-from-home-for-police-detail-suing-with-rare-use-third-amendment/ Just like Obama wanted CHANGE What do you mean? Quote Link to comment Share on other sites More sharing options...
Mowgli1647545497 Posted July 9, 2013 Report Share Posted July 9, 2013 lol people mostly upset about the dog Quote Link to comment Share on other sites More sharing options...
smokinHawk1647545499 Posted July 9, 2013 Report Share Posted July 9, 2013 http://www.foxnews.com/politics/2013/07/08/family-booted-from-home-for-police-detail-suing-with-rare-use-third-amendment/ What do you mean? http://i.qkme.me/5x1u.jpg Quote Link to comment Share on other sites More sharing options...
Mallard Posted July 9, 2013 Report Share Posted July 9, 2013 Oooo, political meme's! My favorite. That's right, because Obama told the police to do this, and were at his immediate direction. Has he even made a statement about this incident? I think it's safe to say that this would have happened no matter who the president is at the time. Quote Link to comment Share on other sites More sharing options...
smokinHawk1647545499 Posted July 9, 2013 Report Share Posted July 9, 2013 under obama lets see which BOR have been attacked or disregarded. 1rst, 2nd, 3rd, 4th, 5th, 6th. he is just going down the list.... Quote Link to comment Share on other sites More sharing options...
Spidey2721 Posted July 9, 2013 Report Share Posted July 9, 2013 he did say the constitution was a flawed document that got in his way... although he doesn't have anything to do with this. honestly i don't think the constitution is needed here. don't they need to believe the homeowner was committing a crime, and have a warrant to enter without permission?? Quote Link to comment Share on other sites More sharing options...
mmrmnhrm Posted July 9, 2013 Report Share Posted July 9, 2013 don't they need to believe the homeowner was committing a crime, and have a warrant to enter without permission?? Yes, if the intend to use anything they found in there as evidence of a crime by the homeowner. Personally, winning a judgement under the Third Amendment will be difficult at best (despite their paramilitary nature, police are not soldiers), though there are probably a number of other civil and legal statutes they could claim torts under. Quote Link to comment Share on other sites More sharing options...
TurboGoKart Posted July 9, 2013 Report Share Posted July 9, 2013 It is truly unfortunate that these types of officers exist. They are, however, a vast minority, but it is still a shame that they exist at all. There are always two sides to every story though, and somewhere in the middle is where the truth can be found. Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 10, 2013 Report Share Posted July 10, 2013 under obama lets see which BOR have been attacked or disregarded. 1rst, 2nd, 3rd, 4th, 5th, 6th. he is just going down the list.... Everything that has happened under Obama has taken place since the inception of CR, so it's all Anthony's fault. BOOM SmokinHawk logic Quote Link to comment Share on other sites More sharing options...
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