Nevada police seize house, arrest homeowners for 'tactical advantage.'

[ReynardMuldrake]

LAS VEGAS (CN) - Henderson police arrested a family for refusing to let officers use their homes as lookouts for a domestic violence investigation of their neighbors, the family claims in court.

Anthony Mitchell and his parents Michael and Linda Mitchell sued the City of Henderson, its Police Chief Jutta Chambers, Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley, and City of North Las Vegas and its Police Chief Joseph Chronister, in Federal Court.

Henderson, pop. 257,000, is a suburb of Las Vegas.

The Mitchell family's claim includes Third Amendment violations, a rare claim in the United States. The Third Amendment prohibits quartering soldiers in citizens' homes in times of peace without the consent of the owner.

"On the morning of July 10th, 2011, officers from the Henderson Police Department responded to a domestic violence call at a neighbor's residence," the Mitchells say in the complaint.

It continues: "At 10:45 a.m. defendant Officer Christopher Worley (HPD) contacted plaintiff Anthony Mitchell via his telephone. Worley told plaintiff that police needed to occupy his home in order to gain a 'tactical advantage' against the occupant of the neighboring house. Anthony Mitchell told the officer that he did not want to become involved and that he did not want police to enter his residence. Although Worley continued to insist that plaintiff should leave his residence, plaintiff clearly explained that he did not intend to leave his home or to allow police to occupy his home. Worley then ended the phone call.

Mitchell claims that defendant officers, including Cawthorn and Worley and Sgt. Michael Waller then "conspired among themselves to force Anthony Mitchell out of his residence and to occupy his home for their own use." (Waller is identified as a defendant in the body of the complaint, but not in the heading of it.)

The complaint continues: "Defendant Officer David Cawthorn outlined the defendants' plan in his official report: 'It was determined to move to 367 Evening Side and attempt to contact Mitchell. If Mitchell answered the door he would be asked to leave. If he refused to leave he would be arrested for Obstructing a Police Officer. If Mitchell refused to answer the door, force entry would be made and Mitchell would be arrested.'"

At a few minutes before noon, at least five defendant officers "arrayed themselves in front of plaintiff Anthony Mitchell's house and prepared to execute their plan," the complaint states.

It continues: "The officers banged forcefully on the door and loudly commanded Anthony Mitchell to open the door to his residence.

"Surprised and perturbed, plaintiff Anthony Mitchell immediately called his mother (plaintiff Linda Mitchell) on the phone, exclaiming to her that the police were beating on his front door.

"Seconds later, officers, including Officer Rockwell, smashed open plaintiff Anthony Mitchell's front door with a metal ram as plaintiff stood in his living room.

"As plaintiff Anthony Mitchell stood in shock, the officers aimed their weapons at Anthony Mitchell and shouted obscenities at him and ordered him to lie down on the floor.

"Fearing for his life, plaintiff Anthony Mitchell dropped his phone and prostrated himself onto the floor of his living room, covering his face and hands.

"Addressing plaintiff as 'asshole', officers, including Officer Snyder, shouted conflicting orders at Anthony Mitchell, commanding him to both shut off his phone, which was on the floor in front of his head, and simultaneously commanding him to 'crawl' toward the officers.

"Confused and terrified, plaintiff Anthony Mitchell remained curled on the floor of his living room, with his hands over his face, and made no movement.
"Although plaintiff Anthony Mitchell was lying motionless on the ground and posed no threat, officers, including Officer David Cawthorn, then fired multiple 'pepperball' rounds at plaintiff as he lay defenseless on the floor of his living room. Anthony Mitchell was struck at least three times by shots fired from close range, injuring him and causing him severe pain."

Officers then arrested him for obstructing a police officer, searched the house and moved furniture without his permission and set up a place in his home for a lookout, Mitchell says in the complaint.

He says they also hurt his pet dog for no reason whatsoever: "Plaintiff Anthony Mitchell's pet, a female dog named 'Sam,' was cowering in the corner when officers smashed through the front door. Although the terrified animal posed no threat to officers, they gratuitously shot it with one or more pepperball rounds. The panicked animal howled in fear and pain and fled from the residence. Sam was subsequently left trapped outside in a fenced alcove without access to water, food, or shelter from the sun for much of the day, while temperatures outside soared to over 100 degrees Fahrenheit."

"Meanwhile, starting at approximately 10:45 a.m., police officers entered the back yard of plaintiffs Michael Mitchell and Linda Mitchell's residence at 362 Eveningside Avenue. The officers asked plaintiff Michael Mitchell if he would be willing to vacate his residence and accompany them to their 'command center' under the guise that the officers wanted Michael Mitchell's assistance in negotiating the surrender of the neighboring suspect at 363 Eveningside Avenue. Plaintiff Michael Mitchell reluctantly agreed to follow the officers from his back yard to the HPD command center, which was approximately one quarter mile away," the complaint states.

"When plaintiff Michael Mitchell arrived at the HPD command center, he was informed that the suspect was 'not taking any calls' and that plaintiff Michael Mitchell would not be permitted to call the suspect neighbor from his own phone. At that time, Mr. Mitchell realized that the request to accompany officers to the HPD command center was a tactic to remove him from his house. He waited approximately ten minutes at the HPD command center and was told he could not return to his home.

"Plaintiff Michael Mitchell then left HPD command center and walked down Mauve Street toward the exit of the neighborhood. After walking for less than five minutes, an HPD car pulled up next to him. He was told that his wife, Linda Mitchell, had 'left the house' and would meet him at the HPD command center. Michael Mitchell then walked back up Mauve Street to the HPD command center. He called his son, James Mitchell, to pick him up at the HPD command center. When plaintiff Michael Mitchell attempted to leave the HPD command center to meet James, he was arrested, handcuffed and placed in the back of a marked police car.

"Officers had no reasonable grounds to detain plaintiff Michael Mitchell, nor probable cause to suspect him of committing any crime.

Police took Anthony and Michael Mitchell to jail and booked them for obstructing an officer. They were jailed for at least nine hours before they bailed out, they say in the complaint. All criminals charged were dismissed with prejudice. They claim the defendants filed the baseless criminal charges "to provide cover for defendants' wrongful actions, to frustrate and impede plaintiffs' ability to seek relief for those actions, and to further intimidate and retaliate against plaintiffs."

None of the officers were ever subjected to official discipline or even inquiry, the complaint states.

https://www.courthousenews.com/2013/07/03/59061.htm

[Chief Roundup]

The Mitchells are being represented. If you all think this is all a big lie then someone could call their lawyers which are mentioned in the original article.
Cofer, Geller & Durham out of Las Vegas.

[BigMeatballDave]

Originally Posted by Chief Roundup

The Mitchells are being represented. If you all think this is all a big lie then someone could call their lawyers which are mentioned in the original article.
Cofer, Geller & Durham out of Las Vegas.

Who said lie?

There is NO credible source for this story. It should be top story on Vegas TV.

[BlackHelicopters]

Something is missing, here.

[BigMeatballDave]

Originally Posted by theelusiveeightrop

Something is missing, here.

Yeah, like mainstream media.

[Marcellus]

Originally Posted by TrueFanDave

This guy is owed millions in damages, IMO.

That is ridiculous. He in no way suffered any serious harm. People involved in serious car accidents at no fault of their won dont get millions of $.

That's just dumb.

Does he deserve something, yes but I would think $100,000 is more than sufficient.

[BigMeatballDave]

Originally Posted by Marcellus

That is ridiculous. He in no way suffered any serious harm. People involved in serious car accidents at no fault of their won dont get millions of $.

That's just dumb.

Does he deserve something, yes but I would think $100,000 is more than sufficient.

This is different than a car accident. Your civil rights are not grossly violated in an accident.

Maybe I exaggerated, but a million would not be out of the question if they actually did this to him.

[Marcellus]

Originally Posted by TrueFanDave

This is different than a car accident. Your civil rights are not grossly violated in an accident.

Maybe I exaggerated, but a million would not be out of the question if they actually did this to him.

I suppose the fine should be hefty as a deterrent to the police department involved but in no way do you want it to be ridiculous in amount.

We already have a litigation happy society.The fact some asshole cops stepped way over their authority is reflection on them and possibly their boss but its not like this guy was thrown in jail for 5 years.

[Ace Gunner]

Originally Posted by TrueFanDave

Who said lie?

There is NO credible source for this story. It should be top story on Vegas TV.

well, "the news" has filters, you know

From MSN;



Police allegedly violate Third Amendment just in time for the Fourth


The Third Amendment, which forbids forcefully quartering soldiers in people's homes, doesn't get brought up a lot. Anthony Mitchell of Henderson, Nev., is suing the city for Third Amendment violations. He was arrested for not allowing police officers to use his home as a lookout for an investigation. After Mitchell refused their initial request over the phone, officers allegedly showed up at his door with a metal ram and broke in, "Addressing the plaintiff as 'asshole,'" says the best part of the complaint, "Officers shouted conflicting orders at Mitchell." When he didn't (or couldn't) comply, they allegedly hit him and his dog with pepper spray. The really crazy thing: they also arrested Mitchell's parents, who live on the same street, for the same "crime." Everybody gets a Third Amendment violation! — By Nick Mangione [Source]

http://now.msn.com/anthony-mitchell-...ent-violations


Unfortunately(for main media), this story is gaining legs

[Dayze]

"we need to use your house, GTFO of the way.....*walks by the coffee table*.....well!...what do we have here? A pot pipe. You're under arrest".

[jspchief]

Originally Posted by Marcellus

I suppose the fine should be hefty as a deterrent to the police department involved but in no way do you want it to be ridiculous in amount.

We already have a litigation happy society.The fact some asshole cops stepped way over their authority is reflection on them and possibly their boss but its not like this guy was thrown in jail for 5 years.

This isn't as much about the victims deserving to get rich as it is about the punishment being harsh enough to be an effective deterrent.

That's often what gets lost in discussions about the outrageous amounts awarded in lawsuits. Getting burned by coffee may not warrant a lottery type windfall, but if you want to do more than slap the wrist of McDonald's sized corporations, you have to swing a big stick.

[A Salt Weapon]

Money is not a punishment to government. Sick and tired of hearing about this stuff and there is never any repercussions on the police themselves. The money should come from their personal assets and their pensions. Leaving the tax payers with the bill is another slap in the face.

[unlurking]

Originally Posted by TrueFanDave

This is different than a car accident. Your civil rights are not grossly violated in an accident.

Maybe I exaggerated, but a million would not be out of the question if they actually did this to him.

At minimum, he deserves the same amount you would have to pay if you shared a dozen songs over the Internet.

[unlurking]

Originally Posted by A Salt Weapon

Money is not a punishment to government. Sick and tired of hearing about this stuff and there is never any repercussions on the police themselves. The money should come from their personal assets and their pensions. Leaving the tax payers with the bill is another slap in the face.

I wouldn't mind seeing them (and whoever approved the whole thing), spend a week or two in genpop. Think about the repercussions if a normal citizen did this. There would be major criminal charges resulting in years in prison.

[Ace Gunner]

Originally Posted by A Salt Weapon

Money is not a punishment to government. Sick and tired of hearing about this stuff and there is never any repercussions on the police themselves. The money should come from their personal assets and their pensions. Leaving the tax payers with the bill is another slap in the face.

Liability needs to be with the officers, yes, but imo dept heads should run a much tighter ship -- meaning, heads need to roll & charges need filed.

there is no place in american law for double standards, yet we are being told to let these folks "do their job" while at the same time society is being directed to "look the other way" and consider "the greater good" which is crooked by america's standards.

in fact, the USC is designed to empower americans when need be. there is a reason "free speech" is our first right.

[Brock]

Originally Posted by crazycoffey

This, oh and I hope clay and Brock die slow painful deaths before they dilute the gene pool.

Typical cop overreaction.