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A man suing city police officers over a February SWAT raid at his home requested today that the U.S. Western District Court of Missouri drop the city's counterclaim of negligence on his part.
In response to the federal civil lawsuit Jonathan Whitworth filed Sept. 20 against the city of Columbia and 12 Columbia police officers, the defendants filed a counterclaim Oct. 8. The defendants allege that injuries and damages caused during a Feb. 11 SWAT raid on Kinloch Court in southwest Columbia were Whitworth's fault because of his "assumption of the risk and illegality of his conduct."
Jonathan Whitworth has requested the charge of the counterclaim be dropped and also requested attorney fees, punitive damages and all other costs and reasonable expenses to be awarded.
A second count against Jonathan Whitworth and his wife, Brittany Whitworth, asserts that the defendants – members of the SWAT team that conducted a drug raid on Whitworth's home – "were in reasonable apprehension of imminent harmful contact and/or were acting to prevent such imminent harmful contact against themselves and/or others."
The count also asks that the defendants be awarded expenses incurred by their defense. Jonathan Whitworth and his wife have requested the count be dismissed.
In their Oct. 8 response to the suit, the defendants denied the 18 counts and requested all be dismissed. They also filed the two counterclaims.
Columbia police SWAT team members initiated the raid in the belief that Whitworth was a major distributor of marijuana. Two dogs were shot, one fatally, during the SWAT team's entry, and only a small amount of marijuana and drug paraphernalia were found. Whitworth pleaded guilty to possession of drug paraphernalia in April and was issued a $300 fine.
His wife and her 7-year-old son were present during the raid. The child is also listed as a plaintiff.
Changes to the police department's SWAT warrant service policy and procedures came in response to the Feb. 3 warrant, which was executed eight days after approval. A video of the raid went viral online and has been viewed more than 1.5 million times.
The Whitworth family's lawsuit lists 18 causes of action and seeks restitution for damages to personal property and medical and veterinary expenses. Bullet holes, a dead dog and another wounded dog allegedly amounted to thousands of dollars in damages.
The suit was filed against the police officers who were on the scene during the SWAT raid and their contribution toward a violation of the plaintiffs' constitutional rights. The suit specifically cites violations of the Fourth and 14th amendments.
Columbia attorneys Milt Harper and Jeff Hilbrenner represent the Whitworth family. Attorneys Chris Rackers and Brad Letterman of Jefferson City represent the defendants.
NewsHawk: MedicalNeed:420 MAGAZINE
Source:columbiatribune.com
Author: Brennan David
Contact: The Columbia Daily Tribune - Columbia, Missouri
Copyright: 2010 The Columbia Daily Tribune
Website:Parties trade allegations as SWAT suit continues | The Columbia Daily Tribune - Columbia, Missouri
In response to the federal civil lawsuit Jonathan Whitworth filed Sept. 20 against the city of Columbia and 12 Columbia police officers, the defendants filed a counterclaim Oct. 8. The defendants allege that injuries and damages caused during a Feb. 11 SWAT raid on Kinloch Court in southwest Columbia were Whitworth's fault because of his "assumption of the risk and illegality of his conduct."
Jonathan Whitworth has requested the charge of the counterclaim be dropped and also requested attorney fees, punitive damages and all other costs and reasonable expenses to be awarded.
A second count against Jonathan Whitworth and his wife, Brittany Whitworth, asserts that the defendants – members of the SWAT team that conducted a drug raid on Whitworth's home – "were in reasonable apprehension of imminent harmful contact and/or were acting to prevent such imminent harmful contact against themselves and/or others."
The count also asks that the defendants be awarded expenses incurred by their defense. Jonathan Whitworth and his wife have requested the count be dismissed.
In their Oct. 8 response to the suit, the defendants denied the 18 counts and requested all be dismissed. They also filed the two counterclaims.
Columbia police SWAT team members initiated the raid in the belief that Whitworth was a major distributor of marijuana. Two dogs were shot, one fatally, during the SWAT team's entry, and only a small amount of marijuana and drug paraphernalia were found. Whitworth pleaded guilty to possession of drug paraphernalia in April and was issued a $300 fine.
His wife and her 7-year-old son were present during the raid. The child is also listed as a plaintiff.
Changes to the police department's SWAT warrant service policy and procedures came in response to the Feb. 3 warrant, which was executed eight days after approval. A video of the raid went viral online and has been viewed more than 1.5 million times.
The Whitworth family's lawsuit lists 18 causes of action and seeks restitution for damages to personal property and medical and veterinary expenses. Bullet holes, a dead dog and another wounded dog allegedly amounted to thousands of dollars in damages.
The suit was filed against the police officers who were on the scene during the SWAT raid and their contribution toward a violation of the plaintiffs' constitutional rights. The suit specifically cites violations of the Fourth and 14th amendments.
Columbia attorneys Milt Harper and Jeff Hilbrenner represent the Whitworth family. Attorneys Chris Rackers and Brad Letterman of Jefferson City represent the defendants.
NewsHawk: MedicalNeed:420 MAGAZINE
Source:columbiatribune.com
Author: Brennan David
Contact: The Columbia Daily Tribune - Columbia, Missouri
Copyright: 2010 The Columbia Daily Tribune
Website:Parties trade allegations as SWAT suit continues | The Columbia Daily Tribune - Columbia, Missouri
