Oh really?
Haven't read the opinion yet (I'm listening to the oral argument right now), but for those with some familiarity with the legal issues here, what's curious is that the plaintiff didn't file a Bivens action, but old-fashioned common-law claims for assault & battery (and intentional infliction of emotional distress).
Here’s the oral argument before judges Pregerson, Graber and Berzon of the 9th circuit, on May 9th of this year.
http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000009131
Apparently it was OK with the 14 year old...
These no-knock raids MUST stop.
The cops (D. A.) develop a friendly relationship with a judge, and whenever they want, they get permission to break into someone’s home.
In the confusion the wrong home gets broken into, family pets get killed, family members get killed, and even officers get killed because folks don’t always hear who they are in the commotion.
How many F-ups does it take for it to get through the court’s heads that this is wrong?
After two hours, the agents realized they had the wrong house—the product of a sloppy license plate transcription—and left.If we lived in a just country, the director of the operation, along with his/her boss, would lose his job and his pension.
It wouldn't be long before "the wrong house" would stop happening.
As it is now, they have nothing to lose, so they don't give a rat's butt, so they'll do it again, often.
Wow, I agree with the 9th District?? Gotta run outside and see if the cows did come home.
Innocent until proven guilty? Not in this country. Not any more....
Welcome to Police State USA!
Here’s the PDF of the decision itself:
http://www.ca9.uscourts.gov/datastore/opinions/2012/06/12/11-55004.pdf
SWAT busts down wrong door
http://www.youtube.com/watch?v=vY82seEBw5w&list=FLv4QFAmpUbBf1dSGKHmU_qA&index=93&feature=plpp_video
Oh really?
Explain what a Bivens action is. I have long forgotten that term.
Intentional infliction of Emotional Distress (IIED) will be a win for the Avinas. Maybe even A&B on the children. Possibly not on the parents.
However, police negligence in terms of getting the wrong house could be a winner for the plaintiffs, charging dereliction of duty, gross negligence (because of the use of force/guns inside their house where children were living), reckless endangerment, etc.
I still cannot understand how the police, with all the technology that exists out there for them to confirm license plate tags with the names of those who live at an associated address, can still screw it up so badly.
You are supposed to double and even triple-check your information before planning a raid. Observation of the house is also supposed to be done, as well as to check phone numbers/names to that address, gas/electric bills - names, asking neighbors who lives there, and observing license plates of cars parked there.
This was a monumental fuck up and the police deserve to pay plenty, as in millions. A couple heads of the tactical unit should also roll because of their gross negligence, and the prosecutor who signed the warrant should also be reprimanded because he didn’t check the accuracy of the information given to him for a search warrant. LAWYERS are responsible for the accuracy of documents that they sign unless their is some kind of immunity clause to protect their office.
OK if its Elian Gonzales though?
This is going to cost tax payers again.Or do the culprits have to pay?
“The agents entered the 14-year-old girl’s room first, shouting “Get down on the fucking ground.” The girl, who was lying on her bed, rolled onto the floor, where the agents handcuffed her. Next they went to the 11-year-old’s room. The girl was sleeping. Agents woke her up by shouting “Get down on the fucking ground.” The girl’s eyes shot open, but she was, according to her own testimony, “frozen in fear.” So the agents dragged her onto the floor. While one agent handcuffed her, another held a gun to her head.
Moments later the two daughters were carried into the living room and placed next to their parents on the floor while DEA agents ransacked their home. After 30 minutes, the agents removed the children’s handcuffs. After two hours, the agents realized they had the wrong house—the product of a sloppy license plate transcription—and left.”
This is deplorable! The War on Drugs is becoming a war on innocent Americans.
Would Moral Absolutes apply to this?
I cannot help but think that anybody who would hold a gun to a child’s head must have something seriously wrong with them. In a sane society they are called monsters.
How do you sleep at night after assaulting a child, unless you are without human feeling? Do you feel good after terrorizing 2 young girls for hours? Has your manhood been vindicated?
And I absolutele detest drugs and drug dealers...
In the interest of the “fairness” that the left holds so dear, every member of the ATF, DEA, and the DHS should be subjected to no-knocks raids at the time of the citizens choosing.