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Couple seeks damages after police raid wrong house
Henry Daily Herald ^ | 6-8-06 | By Michael Davis

Posted on 06/09/2006 7:38:19 AM PDT by VRing

A Stockbridge couple whose home was mistakenly raided by Henry County Police last year as they sought a drug suspect is seeking $8 million in damages from the incident.

In a lawsuit filed last month in Superior Court against county officials and police, Roy and Belinda Baker say they were roused out of bed by police who used a battering ram to knock down their door and threw concussive grenades into their home around 1 a.m. Sept. 30.

“The Law Enforcement Defendants accosted the Bakers in the hallway to their bedroom, where they had been sleeping, and yelled at the Bakers, threatened, assaulted and unlawfully touched the Bakers, and placed the Bakers face down, at gunpoint ...” the suit says.

(Excerpt) Read more at henryherald.com ...


TOPICS: Crime/Corruption; US: Georgia
KEYWORDS: crimeagainsthumanity; donutwatch; drugskilledbelushi; fourthamendment; fourthammendment; jbt; leo; leosgonewild; leroyknowshisrights; nokingbutleroy; wod; woddiecrushonleroy; wodlist
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1 posted on 06/09/2006 7:38:22 AM PDT by VRing
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To: VRing

Another one.


2 posted on 06/09/2006 7:38:56 AM PDT by VRing (Happiness is a perfect sling bruise.)
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To: VRing

Jackpot!.......


3 posted on 06/09/2006 7:43:02 AM PDT by Red Badger (Liberals ignore criminal behavior, reward sloth and revere incompetence...........)
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To: VRing
seeking $8 million in damages from the incident... police who used a battering ram to knock down their door

Must have been one damn nice door.

4 posted on 06/09/2006 7:43:13 AM PDT by Michael.SF. ("I don't think Pat Kennedy is crazy, he's just a drunk" -- G. Gordon Liddy (5-10-06))
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To: VRing

This ottoman was was worth $1.5 million, let's see, you trampled dirt all over this imported rug in the foyer, which had to be sent back to Persia for refurbishing, that's 100k. The front door that you smashed in was a one of kind original from a world reknowned door artist valued at $2.1 million. Oh yeah there's some "emotional, we got our rights trampled - and feelings hurt - and now need to retire to a South Pacific Island" claims that we're levying as well.


5 posted on 06/09/2006 7:43:27 AM PDT by Sax
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To: VRing
They're lucky they weren't accidentally shot.
6 posted on 06/09/2006 7:44:08 AM PDT by lovecraft (Specialization is for insects.)
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To: VRing
oops...


7 posted on 06/09/2006 7:44:49 AM PDT by F15Eagle (1 John 5:4-5, 1 John 4:15, John 11:25, John 14:6, 1 Tim 2:5, John 3:17-18, John 20:31, 1 John 5:13)
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To: Michael.SF.

"Must have been one damn nice door"

Let me be on that civil jury... I'd start at 20 million


8 posted on 06/09/2006 7:45:48 AM PDT by VRing (Happiness is a perfect sling bruise.)
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To: VRing

Good for them, I hope they win.


9 posted on 06/09/2006 7:45:50 AM PDT by shempy (EABOF)
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To: VRing
Henry County Police Chief Russell Abernathy was reported to have said at the time that the incident was “inexcusable” and that steps would be taken to ensure a similar incident doesn’t occur in the future.


10 posted on 06/09/2006 7:47:21 AM PDT by BerniesFriend
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To: VRing

To be fair, the couple should receive the money to repair their door and any other damage. The amount cited however is too much. Nobody died, so the police shouldn't have to pay more than maybe $50k on top of damages. That should be plenty for the couple to pay off a little bit on their mortgage, pay off their credit card bills, and take a nice two week long cruise. Of course, the irony would be if the couple uses some of the money to buy drugs.


11 posted on 06/09/2006 7:47:34 AM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: VRing

A guy was having a hard-time thinking and he had a brain surgeon take out his brain to repair it. The brain surgeon told him to come back in a week to get it. A year went by and the surgeon still had his brain. The doctor called the guy and said are you going to take your brain back? The guy said no, I don't need it. I got a job working for the Henry
County Police.


12 posted on 06/09/2006 7:47:58 AM PDT by Rennes Templar ("The future ain't what it used to be".........Yogi Berra)
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To: VRing

Henry County is a rural county south of the Atlanta airport. It used to be a really corrupt county with payoffs to the sheriff not an uncommon happening. That all stopped a few years ago thankfully, and I would like to think this was a major screwup, but certainly not done to harm anyone there. Demote, fire, or transfer the officers in charge, make this couple "whole" again with $25,000 and repairs and public apologies, but $8,000,000 is way out of the line of reasoning and should be tossed. In the middle of the night there is a reasonable explanation as to the mix up of addresses involved, and that is most likely what happened.


13 posted on 06/09/2006 7:48:16 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: VRing

I'll bet a lot of us don't know where Henry County is.

I'm guessing somewhere in America, but you provided no clue.


14 posted on 06/09/2006 7:49:59 AM PDT by Dog Gone
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To: VRing

This will happen when the agents of government are more concerned with arbitrary Laws than they are with Justice.


15 posted on 06/09/2006 7:51:06 AM PDT by Dead Corpse (It is not the oath that makes us believe the man, but the man the oath.- Aeschylus)
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To: VRing

Shame that they can't sue each of the individuals involved. Maybe if they can hit the county hard enough it will make some difference. Not too much hope in that though, it's only tax money.


16 posted on 06/09/2006 7:53:13 AM PDT by FreePaul
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To: VRing

Battering ram assault... concussion grenades... being held face down at 1 am in your own home... yup, I think the couple deserves a handsome settlement. Perhaps in the future, the cops can take 20 seconds to CHECK THE DAMN ADDRESS!


17 posted on 06/09/2006 7:54:06 AM PDT by 6SJ7
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To: VRing
Good for them. I hope they win and maybe the jury will double the award.
Too bad the officers, along with their boss, couldn't be held personally liable.
18 posted on 06/09/2006 7:56:09 AM PDT by GrandEagle
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To: coconutt2000

The damages should be assessed against the officers who misdirected the raid. Not the city.


19 posted on 06/09/2006 7:56:09 AM PDT by Eric in the Ozarks (BTUs are my Beat.)
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To: Dog Gone

"I'll bet a lot of us don't know where Henry County is."

Come on, man. Can you click the link? Says right at the top of the page the Herald serves Stockbridge, Hampton, McDonough AND Locust Grove. Sheesh, everyone knows where Locust Grove is.

Seriously, it's central GA.


20 posted on 06/09/2006 7:57:03 AM PDT by VRing (Happiness is a perfect sling bruise.)
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To: VRing
"$8 million in damages from the incident.

This whole lawsuit thing has become "life's lottery", as portrayed by Dick Gephardt....no resemblance between damages and the amount sought when an ambulance-chaser takes it and seeks to do his own wealth-redistribution from the deep pockets into his OWN pockets.

21 posted on 06/09/2006 7:58:38 AM PDT by traditional1
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To: geezerwheezer
In the middle of the night there is a reasonable explanation...

Yeah, sorta like explaining that in the middle of the night you didn't see the stop sign, speed limit sign, one-way street sign, etc. Officers are always sympathetic to those kind of excuses so let's give them a break.

22 posted on 06/09/2006 7:58:42 AM PDT by FreePaul
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To: VRing

The WOD. Gotta love it.


23 posted on 06/09/2006 7:59:11 AM PDT by RobRoy
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To: VRing
everyone knows where Locust Grove is
Anywhere near Walnut Grove?
24 posted on 06/09/2006 8:01:27 AM PDT by GrandEagle
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To: VRing

Georgia has been added as a topic for the cityslickers who don't know their geography. ;-)


25 posted on 06/09/2006 8:02:26 AM PDT by Dog Gone
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To: traditional1
Could be. I'd prefer that people be reimbursed for damage do to government malfeasance. Of course, I also support JAIL terms for idiot doorkickers that can't read a map.
26 posted on 06/09/2006 8:02:41 AM PDT by Dead Corpse (It is not the oath that makes us believe the man, but the man the oath.- Aeschylus)
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To: VRing

I'd bet money that they never see a dime.

pets AND people have been killed in these "accidents" and I've never heard of restitution.


27 posted on 06/09/2006 8:03:26 AM PDT by stompk
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To: VRing

Why are they only suing for 8 million dollars? I think $75 million is fair. A couple judgements like that, and you'll see the failed war on some drugs scaled back pretty quickly.


28 posted on 06/09/2006 8:03:50 AM PDT by mysterio
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To: FreePaul

If someone bashed in my front door they'd get a full mag of .40s and I'd probably wind up dead, too. $8 million really doesn't cover it.


29 posted on 06/09/2006 8:04:07 AM PDT by Eric in the Ozarks (BTUs are my Beat.)
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To: coconutt2000
"To be fair, the couple should receive the money to repair their door and any other damage."

Let's wait till this happens to you. Then let's see how "fair" you want to be.

Concussion grenades? Battering Ram?? 4th Amendment???

Freakin Armed and Freakin DANGEROUS!
30 posted on 06/09/2006 8:05:36 AM PDT by Al Gator (Refusing to "stoop to your enemy's level", gets you cut off at the knees.)
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To: shempy

I hope they win too. No knock raids are way over used and the police seem to screw up frequently. Someone could easily have been shot so its not about the door or the ottoman. Its about our right to be secure in our home.

The police have escalated the violence at the same time the druggies did. Sometimes its necessary but its frequently not.

SWAT teams are cool and the guys on them get to play with special weapons and do all kinds of cool stuff. The police departments used these images to recruit and got the type of person you'd expect, someone who wants to bust someone else up. And of course these things are expensive so you have to use them to keep the funding coming.


31 posted on 06/09/2006 8:06:01 AM PDT by driftdiver
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To: traditional1

"This whole lawsuit thing has become "life's lottery", "

Unfortunately our city leaders will rarely do something because its the right thing to do anymore. They will only do it if forced through financial means.


32 posted on 06/09/2006 8:08:08 AM PDT by driftdiver
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To: VRing

The police are lucky several of them didn't get shot. 8 million is an easy let off, considering. It would've been justifiable self-defense, but the homeowners would've been thrown under the prison anyway. Such is the state of our justice system.


33 posted on 06/09/2006 8:09:16 AM PDT by JamesP81
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To: VRing
The police pension fund should take the hit with reduced payouts to retirees. Taxpayers should not take the hit.

Also the Judge who signed the warrant should bear some of the responsibility. I would like to see a note stating what he did, placed on the ballot, every time the Judge runs for any public office.

34 posted on 06/09/2006 8:12:12 AM PDT by Mark was here (How can they be called "Homeless" if their home is a field?.)
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To: Eric in the Ozarks
If someone bashed in my front door they'd get a full mag of .40s and I'd probably wind up dead, too. $8 million really doesn't cover it.
Your said it!
That would happen at my house too!
They better be quick of they would be eating a mag full of .223 as soon as I found them with my night scope.

I remember when the police LOOKED like police. Now it is a bit difficult to tell them from the bad guys. Faces covered, ID covered, middle of the night raids. Just like I have always told my children about the KKK; anytime you are either not man enough, or too ashamed of what you are doing to show your face - them it probably isn't the thing to do.

Cordially,
GE
35 posted on 06/09/2006 8:12:34 AM PDT by GrandEagle
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To: shempy

Too bad it will be the taxpayers forking over, and not the jackasses who authorized and committed this act of burglary and assault with deadly weapons.


36 posted on 06/09/2006 8:14:13 AM PDT by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
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To: GrandEagle

"anytime you are either not man enough, or too ashamed of what you are doing to show your face - them it probably isn't the thing to do."

This bears repeating.


37 posted on 06/09/2006 8:14:13 AM PDT by VRing (Happiness is a perfect sling bruise.)
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To: VRing

Another fricking "mistake". Yes, they should get at least $8 million for it. This no knock crap has to stop somewhere.

The problem is that LEOs are not personally responsible or liable for any of these "mistakes".

A bunch of cops on a head trip.


38 posted on 06/09/2006 8:15:42 AM PDT by caver (Yes, I did crawl out of a hole in the ground.)
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To: Al Gator
"To be fair, the couple should receive the money to repair their door and any other damage." Let's wait till this happens to you. Then let's see how "fair" you want to be. "Concussion grenades? Battering Ram?? 4th Amendment???"

If you've got nothing to hide, why are you so upset? (/sarc) - or so some of the idiotic logic goes
39 posted on 06/09/2006 8:18:19 AM PDT by cowtowney
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To: geezerwheezer

"but $8,000,000 is way out of the line of reasoning and should be tossed."

The jury will decide how much they should get. A lawyer is always going to go overboard on the amount.

"In the middle of the night there is a reasonable explanation as to the mix up of addresses involved, and that is most likely what happened."

Whatever, the police made a mistake that should never have happened. If they can't get the addresses straight they shouldn't be cops.


40 posted on 06/09/2006 8:20:52 AM PDT by jwh_Denver (Taglines for sale or rent, old ones go for 50 cents.)
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To: VRing
"anytime you are either not man enough, or too ashamed of what you are doing to show your face - themn it probably isn't the thing to do."
With minor correction......
41 posted on 06/09/2006 8:21:02 AM PDT by GrandEagle
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To: VRing

They should make the individuals who did this PERSONALLY responsible, rather than the Department.

Lets see how many doors they kick in then.


42 posted on 06/09/2006 8:25:27 AM PDT by Bones75
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To: VRing
In principle, I oppose no-knock raids and military-style assaults on civilians.

I'm willing to make some exceptions. There must be a very good reason to allow such raids, and recoving some drugs is not one of them.

If someone flushes down some drugs, then the police offercers can lift the toilet bowl and recover the contraband. If it is too small to recover, then it is too small to use a SWAT team.

43 posted on 06/09/2006 8:28:22 AM PDT by george wythe
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To: shempy
"Good for them, I hope they win."

I don't think the TAXPAYERS who will fund the lawyer's new BMW would agree with you.

44 posted on 06/09/2006 8:28:34 AM PDT by traditional1
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To: cowtowney

"If you've got nothing to hide, why are you so upset? (/sarc)"

LOL, I'm surprised some idiot hasn't tried to run that one yet, without the /sarc>!


45 posted on 06/09/2006 8:28:50 AM PDT by Al Gator (Refusing to "stoop to your enemy's level", gets you cut off at the knees.)
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Comment #46 Removed by Moderator

To: VRing

Why does law enforcement attract so many BGLD (Big Gun, Little D*ck) types?


47 posted on 06/09/2006 8:29:48 AM PDT by Natural Law
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To: Eric in the Ozarks
"The damages should be assessed against the officers who misdirected the raid. Not the city.

Exactly right...no personal accountability...just sue the crap out of the deepest pockets you can find. If you get a jury full of Democrats, they will give you the JACKPOT. As usual, the TAXPAYER takes it in the shorts.......

48 posted on 06/09/2006 8:31:34 AM PDT by traditional1
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To: traditional1
I don't think the TAXPAYERS who will fund the lawyer's new BMW would agree with you
Then the taxpayers should get off their butts and VOTE competent law enforcement in AND eliminate Fascist law enforcement "techniques".
49 posted on 06/09/2006 8:31:37 AM PDT by GrandEagle
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To: VRing
If I am not mistaken, this is my cousin. He lives and works in this area.

Interesting...

50 posted on 06/09/2006 8:32:52 AM PDT by shag377 (De gustibus non disputandum est)
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