IMO, she had the legal right to deck him with a baseball bat. Or shoot him for that matter.
Obviously the castle doctrine doesn't apply when the criminals that break into your home wear blue uniforms. You then have no right to defend yourself.
More of this coming folks. May as well decide now what your response will be.
Judging from the news story, it sounds as though she has a case.
First, this suit was filed days ago, yet involves an incident that occurred almost exactly two years ago.
Any chance that this was filed in a hurry to make sure it was filed before the end of some limitation period?
The incident, as described by the plaintiffs, involved the police entering the home without a warrant.
When can the police constitutionally enter a home without a warrant? Only when there is probable cause.
The probable cause the police cited was that a fugitive had entered the home and they were pursuing him.
The plaintiff's own filing admits that the fugitive had indeed been in that house very recently.
Unless she can demonstrate that the police knew that he was no longer in the house, their information was current and likely constituted probable cause.
As crooked as the courts have become, Good Luck. Next time a loaded shotgun might be more effective.
I read about 4 screens of comments on this article, and every single one expressed outrage at the behavior. It used to be that these things were more 50-50. Not any more, especially in situations where it’s very difficult to see a justification from the police point of view. People are less willing to bend over backwards in this regard.