Saturday, March 3, 2018
Michigan police: Homeowners can't sue for 4am no-knock raid because they can't identify a single officer. Court: You wore masks, wouldn't give names and refused to show the warrant.
Link to the Appeals court ruling. Greer, et al. v. City of Highland Park, Mich., et al.On October 29, 2014, at approximately 4:00 a.m., thirteen police officers wearing SWAT gear and face masks blew open the door of the Greers’ home with a shotgun. The officers did not knock or announce their presence. The parents and their daughters were ordered onto their knees at gunpoint, and the officers handcuffed the nephew after bringing him up from the basement. The Greers asked to see the search warrant on multiple occasions, but the officers refused to show it. The officers also did not allow the mother to sit with her youngest daughter, who was seven years old at the time.The officers stated that they were searching for a “dangerous Russian,” Vitaliy Strugach, who had evidently resided at the Greers’ home more than a year prior to the search. Neither the suspect nor any contraband was located at the residence...The officers argue that the Greers are required to specify what actions each officer took during execution of the warrant. Although “damage claims against government officials arising from alleged violations of constitutional rights must allege, with particularity, facts that demonstrate what each defendant did to violate the asserted constitutional right,” .. , courts are disinclined to dismiss complaints that fail to allege specific conduct by each officer when the officers’ actions have made them impossible to identify...Under these circumstances, if we dismissed the Greers’ complaint at the pleading stage, we would risk immunizing officers to Fourth Amendment claims so long as they successfully disguised their identities.
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