A third amendment lawsuit?

[piece-itpete]

"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."

Story:

"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.

.......

"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.

.......

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."
.........."

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

There's actually more, it gets worse. Seems though that as they aren't soldiers there's other reasons to throw the book at that force.

Pete

[piece-itpete]

'there're', not 'there's'. Do'h!

Pete

[piece-itpete]

[Charles]

Sounds like the "cops" have been watching too many cop shows.

Chas

[icenine]

Pete

Quartered means to be garrisoned i.e. to used the home as a barracks for soldiers.
Do not believe if quartering of troops is the issue here.

[Rex E.]

Yeah...this has been on the local news for a while. It's very ugly and the cops are way out of bounds imo.

Henderson PD is out of control. Not long ago they pulled a man out of his car and beat the tar out of him as they suspected him of DUI. Turns out the guy was in diabetic shock.

[piece-itpete]

Sad thing is, they'll get leave, probably not any firings, maybe unpaid suspension, any payouts to the people involved get paid by us basically.

Ice that's why I said there's other reasons to throw the book at that force, and they are being sued for many things.

Pete

[Rex E.]

Originally Posted by piece-itpete

Sad thing is, they'll get leave, probably not any firings, maybe unpaid suspension, any payouts to the people involved get paid by us basically.

Ice that's why I said there's other reasons to throw the book at that force, and they are being sued for many things.

Pete

Right, we need a 2nd amendment solution for cops like this

[piece-itpete]

I think tarring and feathering would be fine

Pete

[donquixote99]

Sounds pretty out-of-control. But they aren't troops, and they weren't really seeking quartering, i don't think.

If they were going to seize the house, they need a writ, i'd think. And a warrant to break down the door, on a latter day, if the writ and subsequent summons were ignored. You can't break down a door except to execute a warrant, or on reasonable cause to believe a violent felony is in progress, or someone's life is in danger.

Might be different in an emergency, like a shooter holed-up next door. But there was no emergency. And they are alleged to be prime assholes, as well.

Accepting facts as given, tar and feather, with about 150 degree tar.