Police arrested a family for refusing to let officers use their homes as lookouts for a domestic violence investigation. Anderson Mitchell and his parents sued the city of Henderson, Nevada, its Police Chief Jutta Chambers, Officers Ramona Walls, Angela Walker, Garret Poiner, Ronald Feola, and Christopher Worley, and City of North Las Vegas and its Police Chief Joseph Chronister, in Federal Court. The Mitchell family?s claims include 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.
The Mitchell family addresses what happened in their complaint. ?On the morning of July 10th, 2011, officers from the Henderson Police Department responded to a domestic violence call it a neighbor?s residence,? the complaint reads. ?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,? the complaint continues. Mitchell states that the defendant officers ?conspired among themselves to force Anthony Mitchell out of his residence and to occupy his home for their own use.?
?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,?? the complaint continues.
Shortly before noon, at least five officers ?arrayed themselves in front of plaintiff Anthony Mitchell?s house and prepared to execute their plan,? the complaint reads. ?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.?
Mitchell was arrested for obstructing a police officer. His home was searched and used as a lookout. His dog was also injured. ?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.?
Mitchell?s parents, Michael and Linda Mitchell, were treated the same way.
?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 reads.
?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.? None of the officers were subjected even to an inquiry over the event. The Mitchell family seeks damages for violations?of the third, fourth and 14th Amendments, assault and battery, conspiracy, defamation, abuse of process, malicious prosecution, negligence and emotional distress.
They are represented by Benjamin C. Durham, with Cofer, Geller & Durham, in Las Vegas.
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