Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A civil lawsuit filed yesterday against the city of Columbia and police officers claims a family’s constitutional rights were violated in a February SWAT raid at their home.
Columbia attorneys Milt Harper and Jeff Hilbrenner filed the suit in Jefferson City’s U.S. Western District Court on behalf of Jonathan Whitworth, Brittany Whitworth and Brittany Whitworth’s 7-year-old son, who was in the Kinloch Court home during the SWAT raid. The suit lists the city and multiple police officers as defendants.
The suit lists 18 causes of action.
“There is so much information” in the lawsuit. “That is something we do not have a problem with. If the incident and procedures can be outlined in logical fashion” in court, “we are interested in doing that,” Columbia police spokeswoman Officer Jessie Haden said.
She said that because the incident has received an enormous amount of attention locally, it is the department’s intention to make the public as informed with accurate information as possible without compromising the legal process.
Haden said none of the officers had been served with the lawsuit by this morning. The city of Columbia has been served.
The suit seeks restitution for damages to personal property and medical and veterinary expenses, Harper said. Bullet holes, a dead dog and another wounded dog amounted to thousands of dollars in damages, he said. The suit is filed against the police officers who were on the scene during the Feb. 11 SWAT raid and their contribution toward a violation of the plaintiffs’ constitutional rights, he said.
The suit specifically cites violations of the Fourth Amendment, which protects against unreasonable searches and seizures, and the 14th Amendment, a citizens’ rights measure ratified after the Civil War.
“This is all about demanding professionalism from our law enforcement agencies,” Harper said.
Investigators initiated the raid in the belief that Jonathan Whitworth, of 1501 Kinloch Court, 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.
Changes to the police department’s SWAT warrant service policy and procedures came in response to the Feb. 3 warrant that was executed eight days after approval. A video of the raid went viral online and has been viewed more than 1.5 million times.
“I think when they considered the 7-year-old and the fact that he had to have counseling, pay vet bills for an injured dog and the loss of another, along with repairs to the home and the trauma of that night, they made the decision that this needed to be done,” Harper said.
Harper said he thought Columbia Police Chief Ken Burton should be complimented for the changes that reined in future SWAT responses, but he added that people have a right while in their homes — even during the execution of a search warrant — to be treated respectfully.
The pet dog that was wounded — Bruno, a corgi/pit bull mix — was taken to University Veterinary Hospital for medical procedures at a considerable cost, the lawsuit claims. Brittany Whitworth and her son also were ordered at gunpoint to sit feet away from the dead pit bull, Nala, the suit said, causing emotional trauma.
Seven shots were fired in the home, causing bullet holes from direct impacts and ricochets, the suit alleges. The lawsuit also claims Whitworth was kicked by a SWAT team member while lying compliant in the hallway. Deputy Tom Dresner said Thursday during a SWAT information session at the Columbia Police Citizens Academy that Whitworth was kicked in the arm during the officer’s second verbal order for Whitworth to place his hands behind his back.
The following Columbia police officers are listed as defendants: Lance Bolinger, Michael Cavener, Crystal Clements, Cathy Dodd, Robert Fox, Scott Hedrick, Richard Horrell, Kyle Lucas, Thomas Quintana, Michael Parsons, Jeffry Rukstad, Roger Schlude and other “unknown” officers.
NewsHawk: User: 420 MAGAZINE
Source: columbiatribune.com
Author: Brennan David
Copyright: 2010 The Columbia Daily Tribune
Contact: bpdavid@columbiatribune.com
Website: SWAT raid lawsuit claims rights were violated
Columbia attorneys Milt Harper and Jeff Hilbrenner filed the suit in Jefferson City’s U.S. Western District Court on behalf of Jonathan Whitworth, Brittany Whitworth and Brittany Whitworth’s 7-year-old son, who was in the Kinloch Court home during the SWAT raid. The suit lists the city and multiple police officers as defendants.
The suit lists 18 causes of action.
“There is so much information” in the lawsuit. “That is something we do not have a problem with. If the incident and procedures can be outlined in logical fashion” in court, “we are interested in doing that,” Columbia police spokeswoman Officer Jessie Haden said.
She said that because the incident has received an enormous amount of attention locally, it is the department’s intention to make the public as informed with accurate information as possible without compromising the legal process.
Haden said none of the officers had been served with the lawsuit by this morning. The city of Columbia has been served.
The suit seeks restitution for damages to personal property and medical and veterinary expenses, Harper said. Bullet holes, a dead dog and another wounded dog amounted to thousands of dollars in damages, he said. The suit is filed against the police officers who were on the scene during the Feb. 11 SWAT raid and their contribution toward a violation of the plaintiffs’ constitutional rights, he said.
The suit specifically cites violations of the Fourth Amendment, which protects against unreasonable searches and seizures, and the 14th Amendment, a citizens’ rights measure ratified after the Civil War.
“This is all about demanding professionalism from our law enforcement agencies,” Harper said.
Investigators initiated the raid in the belief that Jonathan Whitworth, of 1501 Kinloch Court, 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.
Changes to the police department’s SWAT warrant service policy and procedures came in response to the Feb. 3 warrant that was executed eight days after approval. A video of the raid went viral online and has been viewed more than 1.5 million times.
“I think when they considered the 7-year-old and the fact that he had to have counseling, pay vet bills for an injured dog and the loss of another, along with repairs to the home and the trauma of that night, they made the decision that this needed to be done,” Harper said.
Harper said he thought Columbia Police Chief Ken Burton should be complimented for the changes that reined in future SWAT responses, but he added that people have a right while in their homes — even during the execution of a search warrant — to be treated respectfully.
The pet dog that was wounded — Bruno, a corgi/pit bull mix — was taken to University Veterinary Hospital for medical procedures at a considerable cost, the lawsuit claims. Brittany Whitworth and her son also were ordered at gunpoint to sit feet away from the dead pit bull, Nala, the suit said, causing emotional trauma.
Seven shots were fired in the home, causing bullet holes from direct impacts and ricochets, the suit alleges. The lawsuit also claims Whitworth was kicked by a SWAT team member while lying compliant in the hallway. Deputy Tom Dresner said Thursday during a SWAT information session at the Columbia Police Citizens Academy that Whitworth was kicked in the arm during the officer’s second verbal order for Whitworth to place his hands behind his back.
The following Columbia police officers are listed as defendants: Lance Bolinger, Michael Cavener, Crystal Clements, Cathy Dodd, Robert Fox, Scott Hedrick, Richard Horrell, Kyle Lucas, Thomas Quintana, Michael Parsons, Jeffry Rukstad, Roger Schlude and other “unknown” officers.
NewsHawk: User: 420 MAGAZINE
Source: columbiatribune.com
Author: Brennan David
Copyright: 2010 The Columbia Daily Tribune
Contact: bpdavid@columbiatribune.com
Website: SWAT raid lawsuit claims rights were violated
