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Couple seeks damages after police raid wrong house
Henry Daily Herald ^ | 6-8-06 | By Michael Davis

Posted on 06/09/2006 7:38:19 AM PDT by VRing

A Stockbridge couple whose home was mistakenly raided by Henry County Police last year as they sought a drug suspect is seeking $8 million in damages from the incident.

In a lawsuit filed last month in Superior Court against county officials and police, Roy and Belinda Baker say they were roused out of bed by police who used a battering ram to knock down their door and threw concussive grenades into their home around 1 a.m. Sept. 30.

“The Law Enforcement Defendants accosted the Bakers in the hallway to their bedroom, where they had been sleeping, and yelled at the Bakers, threatened, assaulted and unlawfully touched the Bakers, and placed the Bakers face down, at gunpoint ...” the suit says.

(Excerpt) Read more at henryherald.com ...


TOPICS: Crime/Corruption; US: Georgia
KEYWORDS: crimeagainsthumanity; donutwatch; drugskilledbelushi; fourthamendment; fourthammendment; jbt; leo; leosgonewild; leroyknowshisrights; nokingbutleroy; wod; woddiecrushonleroy; wodlist
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To: bvw

They were after a death dealer who sold people the drugs they killed themselves with.
This was a low life druggie guy which means he was unethical, a deviant and a criminal out for the money no matter who died.


381 posted on 06/12/2006 10:06:06 AM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: bvw

They were after a death dealer who sold people the drugs they killed themselves with.
This was a low life druggie guy which means he was unethical, a deviant and a criminal out for the money no matter who died.


382 posted on 06/12/2006 10:06:11 AM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: steve-b
Why would you want to pay 8 million of your tax dollars to people seeking to win a lottery when law enforcement were making a good faith effort to do their job?

Granted, the person who is supposed to verify the address got it wrong and they should be dealt with, but that is about it.

Let the BOO HOO aggrieved party sue the criminal druggie dealer.
383 posted on 06/12/2006 10:21:19 AM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: A CA Guy

"law enforcement were making a good faith effort to do their job?"

Officers of the law are not above the law and for their efforts to have been
in good faith they must have been to the letter of the law. Regardless of
an existing warrant for an adjacent or proximate property this search was
undeniably unwarranted. Therefore, the fundamental rights of these
individuals were violated violently and irrevocably. Damages should be
commensurate with the level of violation and all responsible parties should
lose their jobs for failing to uphold their oaths of office regardless of how
much they cost the state financially. It would seem your only measure of
value is in the almighty dollar.


384 posted on 06/13/2006 11:12:25 AM PDT by PaxMacian (Gen 1:29)
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To: PaxMacian

It was an unintentional mistake while in the process of making a good faith effort to uphold the law.

There was a druggie next door polluting the neighborhood dealing poision, so go sue that criminal if they can get a dollar.

There are almost no damages beyond those to repair a door and a few other minor things.
You just have some drama queens seeing an oportunity to go for a lottery sized lawsuit and they got some scum to represent their scumy lawsuit.

I think they are oportunists and the way they want to go after taxpayer dollars, I would say massive liberals to boot.


385 posted on 06/13/2006 11:11:48 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: driftdiver
SWAT teams are cool and the guys on them get to play with special weapons and do all kinds of cool stuff. The police departments used these images to recruit and got the type of person you'd expect, someone who wants to bust someone else up. And of course these things are expensive so you have to use them to keep the funding coming.

Ya wanna have some fun? Add up how many SWAT Teams there are in your state. Wanna bet your local housing authority police has a SWAT team?

At the same time, there are hundreds of people in every county with outstanding warrants. Many for violent crimes. Let's get these guys in their cool ninja outfits to round'em up... instead of breaking down doors in 'No-knocks.' Hey, how about using them to enforce the laws about illegally entering the country?

386 posted on 06/14/2006 11:06:10 AM PDT by Kenny Bunk ( Vote Fraud: The Democrats' Secret Weapon ... Well, secret to the RNC, anyway)
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To: geezerwheezer
"In the middle of the night there is a reasonable explanation as to the mix up of addresses involved..."

As long as one of the addresses involved is not yours, no doubt.

387 posted on 06/14/2006 11:09:37 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Joe 6-pack

Must be great to never make a mistake in life. Were you there? How dark was it? Was it raining that night? Did the house have a well-marked address on the mailbox or door? If you don't know the answer to each of the above questions, then I suggest you try and keep an open mind as to what REALLY HAPPENED that night before making your smarmy sawed-off halfwit comments!! You might be a couple of cans short of a full sixpack.


388 posted on 06/14/2006 11:37:21 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: geezerwheezer

"Must be great to never make a mistake in life. Were you there? How dark was it? Was it raining that night? Did the house have a well-marked address on the mailbox or door? If you don't know the answer to each of the above questions, then I suggest you try and keep an open mind as to what REALLY HAPPENED that night before making your smarmy sawed-off halfwit comments!! "

I've made plenty of mistakes. What you're saying is that its an acceptable risk to have the swat team do a no knock and enter the wrong house risking the lives of those inside. Sure this is occasionally useful but I submit that the teams are overused and are composed of people more appropiate for a military team and not a civilian police force.

I know of two cases where this happened and they had the right house but the use of force is questionable. First, they do a no knock raid on a guy suspected of taking more bass (a fish) than the state law allowed. Because this guy was an avid outdoorsman and known to have guns they justified the use of swat. Inside they had their automatica weapons and stormed the house. One officer directed his weapon with laser sights at a 4 yr old little boy. Evidently no fish were found but perhaps he ate the evidence. Is it a legitmate use of force to attack a guy suspected of taking a couple of extra fish? I don't think its wise to risk the lives of the people or officers for a fish.

Another case, the polilce had been called to the house once for a domestic dispute. They left without arresting anyone. Later the wife called police and said her husband was threatening to kill himself. Only person in the house was the man, everyone else had vacated. Police did a no knock raid to save the suicidal man. They expended 369 round and were yelling for more ammunition a short time later. One cop was dead, one cop was wounded, and the man was shot twice. There were guns in the house but they were still locked up. The man was charged with murder but the charges were dropped when it was realized that the cops shot each other. The man never had a weapon in his hands. Why do a no knock with guns a blazin in order to save a suicidal man?

There are many other cases like this.


389 posted on 06/14/2006 2:28:11 PM PDT by driftdiver
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To: The Red Zone
Will that make everybody happy?

Just what we need: ANOTHER lawsuit....

390 posted on 06/15/2006 4:15:08 PM PDT by traditional1
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To: driftdiver

Sounds like a scene from Wile E. Coyote and the Road Runner, except that unlike cartoon characters people don't magically heal.


391 posted on 06/16/2006 2:48:49 AM PDT by The Red Zone
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To: A CA Guy
There are almost no damages

To state that without seeing evidence is scurrilous.

392 posted on 06/16/2006 2:49:41 AM PDT by The Red Zone
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To: A CA Guy
Let the [ad hominem deleted] aggrieved party sue the criminal druggie dealer.

As you have been reminded time and again, this is impossible under the present legal system.

393 posted on 06/16/2006 2:51:24 AM PDT by The Red Zone
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To: A CA Guy

You are simply attempting to use psychological jamming. I see through your schemes as though they were not even water, not even air, but an utter vacuum.


394 posted on 06/16/2006 2:54:54 AM PDT by The Red Zone
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To: geezerwheezer
then I suggest you try and keep an open mind as to what REALLY HAPPENED that night before making your smarmy sawed-off halfwit comments!! You might be a couple of cans short of a full sixpack.

Look in a mirror as you say that.

You betrayed yourself as hypocritical when you said that there IS (not there MIGHT BE) a "reasonable explanation." In the meantime, notice that the city itself is in full damage control, they are bending over backwards to not look intransigent, because they know its not a matter of whether damages will be awarded but how much. Were I the couple's attorney, I would wish the whole city were like calistubborn and the like so that the intransigence factor would be maximized in the eyes of the jury.

395 posted on 06/16/2006 3:00:16 AM PDT by The Red Zone
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To: The Red Zone

Don't bet on it as you might be putting the cart before the horse. I do look at myself in the mirror every morning, and still like what I see, but thanks for your reminder....


396 posted on 06/16/2006 5:13:59 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: The Red Zone

The home was damaged, but attempting to cash in for millions of taxpayers dollars because they got shook up would be a theft of public funds in a get rich scheme. I am not for that at all.

This is an ambulance chasing lawyer's dream and scheme no doubt and why we need lawsuit reform.


397 posted on 06/16/2006 1:38:33 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: The Red Zone
Another posting person said they could sue the criminal.

In any case, these are pathetic people that feel they need millions in remedy for this.

Sure they were shook up by it, I once had six cop cars with many guns drawn on me by accident and I didn't seek that as a get rich situation either.

All that is part of the price you pay for law enforcement doing their best in good faith to do their job and still being human.
We should in no way enrich someone in a lawsuit lottery because of a mistake unless someone got raped, shot bad, killed and so forth.

Anyone claiming their feelings or minds were hurt are either very weak to begin with or were seeking a get rich scheme and that is about it.
398 posted on 06/16/2006 1:43:01 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: VRing

Never mind . . . .


399 posted on 06/16/2006 1:43:10 PM PDT by colorado tanker
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To: The Red Zone
You are simply attempting to use psychological jamming. I see through your schemes as though they were not even water, not even air, but an utter vacuum.

I went through what those people did, but in a stop with many police cars and guns. It was a mistake.
I know what I am saying and so does everyone else. This appears to be an attempt to get rich quick PERIOD.

I went through what they did and though it is a mistake, that is part of what will occasionally happen in a free country where law enforcement has to go get criminals.

We can't handcuff enforcement or make ourselves go further broke giving out tax dollars in the millions to people who get a lawyer who sees deep pockets all the time.

I don't know if you feel like you do because you are for trial lawyers and giving out public tax dollars left and right, but in my case I disagree with you and believe the award should be home repair and a few thousands of dollars for being put out, not a hundred thousand or MILLIONS. That is just an attempt of theft of the national treasury in a get rich quick scheme as I see it.

400 posted on 06/16/2006 1:50:48 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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