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FINALLY: Jackbooted SWAT Thugs Lose Immunity After Throwing Flash-bang Grenades at Innocent Grandmother and Granddaughter

Back in 2012, in Evansville Indiana, a grandmother and granddaughter were enjoying a nice afternoon at home.  That is before squad of shocktroopers from the local SWAT team shattered the front door and tossed in a couple of flash-bang grenades.

What did the Milan family do to warrant such an attack into their family home?

They left their wifi unsecure.

You see, police were receiving threats online and a quick IP search pointed to the Milan family residence.

The police, opting not to do the slightest bit of detective work, took the simplistic approach of sending in the goon squad in an show of force to illustrate “who has the power.”

The willful ignorance on the part of the police, when they all ready had a suspect in mind, named Derrick Murray, who had threatened the police in a similar way in the past, cost the Milan family the peace and sanctity of their home.

Circuit Judge Richard Posner agreed stating:

A man named Derrick Murray, whom they knew to have made threats against the police in the past—indeed he had been convicted of intimidating a police officer. At least two of the officers thought him the likeliest source of the threats. Prudence counseled delaying the search for a day or so to try to get a better understanding of the Milan household and of Murray’s potential responsibility for the threats. Prudence went by the board.

“A day of investigating him (Murray) would have nailed him, as we know because a day of investigating—the day after the violent search of the home—did nail him.”

Posner further eviscerated the actions of the police department by highlighting the difference in treatment between the Milan family and the ACTUAL guilty party, Derrick Murray:

It took them only a day to discover that it was indeed he who was responsible—he had used Mrs. Milan’s open network to threaten the police. But rather than give him the SWAT-team treatment, the police politely requested that he come to police headquarters, which he did, where he was arrested without incident. (He was prosecuted for the threats, pleaded guilty, and was given a sixteen-month prison sentence.) The police department’s kid-gloves treatment of Murray is in startling contrast to their flash- bang assault on Mrs. Milan’s home.

This is just another example of police abuse run amok.  The police got an anonymous online threat, that if they just took a second to investigate would have directed them to the appropriate source.  Yet instead, they decide to “show em good”, toss actual detective work in the trash and just bust in an all ready open door, toss in some flash-bang grenades and terrorize an innocent girl and her grandmother.

The police departments argument?  We’re the police, we can’t be held responsible for our actions.

The notion of qualified immunity is a bunch of bull.  Just because you have a badge doesn’t mean you get to terrorize innocent people because you are too lazy to actually do your job.

Posner agrees stating:

To repeat for emphasis, the police acted unreasonably and precipitately in flash banging the house without a minimally responsible investigation of the threats.

For context, here is the helmet video of one of the SWAT members during the raid.  Note things like the smashing in of an all ready open door and the impossibility someone could have answered the door between the first knock and the flash bang attacks.

The three judge panel of the 7th circuit court thereby ruled that qualified immunity will not be applied in this case and that the Milan family lawsuit can proceed to trial.

Despite the ruling, the SWAT members should be feeling fortunate about the situation.  Considering this occurred in Indiana, where the state’s Castle Doctrine allows for the shooting of police officers who innocent civilians believe are entering their home illegally, it’s lucky no one ended up dead.

Will the shocktroopers learn their lesson?  Time will tell, and hopefully it will do so without a body count.

 

  • Doug Clack

    Every SWAT officer who was involved in this “ILLEGAL” and terrifying scene should lose their jobs and never be able to work with any law enforcement in these United States. All should be charged and jailed for this ACT of Violence and destruction of private property. Breaking and entering,trespassing, false arrest, etc. No wonder people don’t trust the police.

  • Idadho

    Our military had better rules of engagement in Iraq and other war zones. Unfortunately, the militarization of our police departments will make this a continuing threat.

  • anarchyst

    It is long overdue to repeal the flawed concept of “immunity” for ALL public officials. Police, firefighters, code enforcement officials, child protective services personnel, prosecutors, judges and court officials should all be subject to the same liability for misdeeds as is the rest of us. They should be required to purchase a “bond” at their own expense as a condition of employment. You can bet that bond issuers would be more responsible in issuing bonds than our present system of “absolute” and “qualified” immunity.
    “Public servants” would be more likely to behave themselves if they knew that they could lose everything they own as a result of their misconduct “under color of authority”…

  • anarchyst

    …42 U S Code Section 1983 provides for the ability for civilians to sue those who have “immunity” for deprivation of “civil-rights”…

  • edro3111

    So glad they cuffed the little girl. She was SO threatening!

  • Oldclimber640

    Hmmmmm, seems to me nobody commented on the “party going on” environment in the van going to the house. They apparently had no real concerns about getting “harmed”. So why the assault tactics on entering the house ? My guess would be that they had no concerns about either getting harmed in the assault or from any consequences of potentially brutalizing (or worse) the innocents. Only the involved officials can fix one of these concerns, the other will have to come from an active electorate and citizenry.

  • 8355378

    yeah busting somebodies door down is real funny,when they don’t have the money to buy another ,and scaring the crap out of an old woman and little girl,if there had been an old basset hound dog in the house they would have shot it .what happened to knocking on the door and saying we have a warrant for your arrest.

  • UNIMAK

    if i were on the jury i would vote for a judgement of a 100 million dollars against the gestapo. SUE SUE SUE

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