And Now They Trample The Third Amendment
BY Herschel Smith
11 years, 6 months ago
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.” (Parentheses in complaint.)
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.”
Happy fourth of July, and Welcome to Amerika.
On July 4, 2013 at 3:29 pm, Josh said:
Cawthorn outlines a premeditated plan for arresting Mitchell on obstruction charges for a hypothetical scenario (which never occurred) where Mitchell refuses to obey orders. I would judge those orders unlawful, as any person of sound mind should.
This has “contempt of cop” written all over it. The militarized police state, answering to, funded and armed by DHS, is utterly off the chain. Police now operate extra-judiciously and with full entitlement and immunity.
There is no precedent for third-amendment proceedings here, so the police will walk on e again. It is, however, as clear a violation of any constitutional right, especially the one provided by the third amendment. With the lines between our military and civil police blurring more by the day, this case should set the precedent.
It won’t. Only open revolt will serve such ends. Unfortunately, football season will soon be upon us, ale still flows freely, and food is plentiful. No precedent will be set. No message will be sent. No checks will be made against the leviathan; it ever grows.
On July 4, 2013 at 7:13 pm, Mark Matis said:
Nothing will change for the better until enough dead pig corpses are stacked in the streets. By the way, these are the same pigs who murdered Eric Scott in cold blood a few years ago.
On July 4, 2013 at 8:55 pm, Kuffar said:
I would not obey any unlawful orders from these Nuevo Gestapo agents. I would shoot them until there was a pile 5 deep in front of my door.
On July 4, 2013 at 10:16 pm, glass said:
this is why i answer with a gun. show me a warrant and ask nice or leave with 7.62 holes in a bag.
On July 4, 2013 at 10:58 pm, Rocky Bass said:
Not in my house, this is another one of those red haze over the vision, PURE RAGE kinda stories.
How do they always manage to find sheep who don’t hit back?
On July 4, 2013 at 11:13 pm, Jmurman said:
This is becoming too much of a recurring theme. Not good for anyone.
On July 5, 2013 at 12:18 am, DAN III said:
As Mr. Mathis says the only solution is when the perpetrators of this .gov endorsed tyranny find themselves at the end of a noose, hanging from a lamp post. And don’t forget the judges who make it all “legal”….
On July 5, 2013 at 2:45 am, Veritas said:
You should report the progress of the trial. If the claims are true then the claimant should win his suit. If accurate I would be surprised if the police involved would retain their positions.
It would be interesting to see the outcome. Short of that without hearing the other side of the story its hard to determine what actually occurred.
I think you owe it to your readers to persue the story. If the police are found guilty this story should be shouted to the world. If not, why not?
On July 5, 2013 at 6:47 am, John said:
So,
This happened ““On the morning of July 10th, 2011, officers from the Henderson Police Department………. ”
Two years ago?
So what has happened since?
On July 5, 2013 at 7:56 am, Mark said:
Like John, I find this incredulous! Two years ago and nothing else reported on this case? Seriously!!
When is enough going to be enough!
On July 5, 2013 at 10:13 am, MM said:
Unfuckingreal
On July 5, 2013 at 10:52 am, Grumpy said:
Two years – what happened when the Mitchell’s went to trial – or were the charges dropped? Seems like an important part of the story to leave out..
Based on solely on what I see here, the trial judge would be remiss if he didn’t dismiss the charges against the Mitchell’s and order the cops held without bail, at least long enough to figure out how many criminal laws they broke.. On the surface it looks like a long list, might take several days or longer to put it all together,,
Home invasion, assault, assault with a weapon, battery, destruction of private property — cruelty to animals– It could be a real long list
On July 5, 2013 at 11:47 am, A Texan said:
The reason for the nearly 2-year delay is that the statute of limitations for such a suit might have expired in 2 years – I don’t know what federal law says about this. But you’ll notice that the case was filed mere days before the 2 years were finished since the incident.
This appears to be a Section 1983 suit against the officers in question – violation of Constitutional rights under color of law. They are PERSONALLY liable – they cannot hide behind “I vuz just followink orrrrders!” I hope that they get screwed badly, and that those who took the lead (chiefs and on the scene) lose their jobs. There is NO excuse for this crap in a free country.
One problem that I see here is that literal soldiers were not used, nor were any federal employees – this was a local affair. However, the 14th Amendment ought to help here, as it did in the Chicago gun case that applied the 2nd to that bunch of corrupt, tyrannical bastards.
On July 5, 2013 at 2:44 pm, Mark Matis said:
I believe you will find, A Texan, that this country’s “Legal” system is every bit as corrupt as its “Law Enforcement”. As I said above, these are officers from the same department as those who murdered Eric Scott in cold blood, and have NOT been touched. Neither criminally, nor civilly. We are no longer under Rule of Law. There are only Thugs with Guns.
On July 5, 2013 at 7:07 pm, DAN III said:
Those of you who believe their is justice in the legal system, in this country, are living a pipe dream.
Several years ago I was embroiled in a civil suit against a county .gov for civil rights violations. After 2 1/2 years I got my day in federal court. I WON ! The jury ultimately found the county .gov guilty in a unanimous decision. Guess what ? The county .gov appealed and the POS federal judge, Sean McLaughlin, threw out the jury verdict. Upon appeal to the circuit court they held 2 to 1 that McLaughlin was right and the jury was wrong.
Four years of my life and $20,000+ dollars down the shitter for “freedom”.
Folks….those of you who spout “sue” have no fucking clue. The system is corrupt and only lynch mobs and firing squads will begin to correct the corruption and tyranny.
On July 5, 2013 at 7:13 pm, DAN III said:
Hey Mr. A Texan….read my above comments. I sued under Section 1983. “A suit against the officers in question – violation of Constitutional rights under color of law. They are PERSONALLY liable – they cannot hide behind.”
Yes they can. It is a civil suit. Not a criminal suit. If the civilian wins the jury trial the defense can appeal and they will. Trust me. The federal pig in a black robe will not allow ANY of his fellow scum in .gov taste the wrath of the common citizen in his/her federal courtroom.
The .gov will appeal and they will win. Just as they do in 98% of all lawsuits.
Wake up. Quit believing there is justice in the US Justice system. There is none. As Mao said….”Justice comes out of the barrel of a gun”.
On July 5, 2013 at 8:08 pm, 10mm AUTO said:
The difference will come when they knock on the door of a house whose owner will not call his mother, but will slide off the safety…
Boy is that day coming fast. Even if by random numbers, these pussies are going to knock on the door of a hardon that is not willing to be shot with “pepperballs” while lying on the floor in the fetal with mommy on the phone.
If he has to flee and evade, he can stay at my place for a bit.
On July 6, 2013 at 9:44 am, T said:
It is in the public’s best interest to install industrial steel doors on all entrances and fortify them all with cross bars to make them impervious to feral pig attack.
On July 6, 2013 at 9:44 am, Mark Matis said:
I believe that MY preference, 10mm AUTO, would be to go hunting THEM and their families were I to survive the initial assault. One will be murdered in the end anyway by the Blue Wall. Make it as painful as possible for them and theirs before that time. BEFORE they have a chance to gather and up-arm their forces.
On July 6, 2013 at 9:47 am, Hossmiester said:
First off, You don’t have a warrant and you break down my door you will be shot no if ands or butts. One reason being my wife and I both carry firearms in our home 24/7. And the design of our home allows both of us to have commanding veiws of both front and rear doors of our home. I truly understand that if I fire I will be carried out in a body bag but so will many of them before they get me. I know that no way will they allow me to leave alive as then I could contest any statement made by them. Same reason Eric Scott was not given any medical attention till he had expired. Dead men can’t testify.
On July 6, 2013 at 6:00 pm, Traci said:
There’s just no limit anymore to how much crap the people that are supposed to be protected and served have to put up with these days! You don’t HAVE to let the cops do ANYTHING in your home if you haven’t broken any laws – they just didn’t like being told no. And THAT’S WRONG.
On July 6, 2013 at 8:03 pm, Ender said:
This is Vegas, a town where a cop can shoot an unarmed man sitting in his vehicle 7 times in the back of the head with an AR15 and get away with it. They do as they please here. Another recent incident they pulled over a guy going in to diabetic shock. 8 cops beat him to the ground, cuffed him then another cop started kicking him in the face. All the while other officers just stood there and watched. High five everybody. No reprimands, no firings, settled out of court and wait for the next assault to happen.
On July 6, 2013 at 10:48 pm, Bob said:
Leaving the issue of whether there is any such thing as a “good cop” aside for a minute, if you know any LEOs/FLEAs that are worth your trouble, tell them the time to thoroughly clean house is way overdue.
When the festivities start, and I think that one successful incident of righteous self-defense will explode into a free-for-all, there will be no hesitation. Every damned one of them will be a target. This rage is building up past the point of being selective, complete annihilation will be the objective on millions of minds.
To hell with the MSM and their “interpretation”, the internet will do its best to fan the flames.
Of course, I could be full of it and weaving a nice dream scenario, but I tried to think about this seriously before I typed it up. It’s already been said, but it bears repeating. Eventually, they will screw with a guy/gal/couple/family that is just half a second or more faster than they are, all the way throughout the encounter. YMMV.
On July 7, 2013 at 9:07 am, Mark Matis said:
I would only note that, when it starts, if it seems they are losing, the company cars will RAPIDLY disappear from the driveways, and they will suddenly be “on your side”. Now is the time to make sure you know where they live so they do not get away with their treason. And EVERY “Law Enforcement” officer who looks the other way screaming “I SEE NOTHING” is every bit as guilty as those who commit these acts.
On July 8, 2013 at 9:08 am, Home Invader Blowback said:
Photographs of various cops and their homes, and other information:
http://homeinvaderblowback.blogspot.com/
On July 8, 2013 at 12:08 pm, Honey badger said:
Every cop ive showed this to has been horrified. None of them would dream of such a stunt. Id love to be pissed at the cops as well, but the turds who pulled this one are sure looking to be in the minority. In other words, everyone knows this is jacked up- big time. Police take an oath to uphold the constitution. And many of them take that seriously. Maybe more now, than ever before. Beware of “yes men” and cowards, for they will hand you over to the dictator, for a bowl of soup.
On July 8, 2013 at 3:53 pm, Mark Matis said:
So, Honey badger, if “many of them take that seriously“, what are they DOING about it? How long do you think pigs such as this would last if HALF of their Brothers in Blue would not tolerate it? Hell, if even ONE QUARTER of them would stand for their very oath of office? Any honorable cop in this country turned in his badge and got an honest job, like Mafia enforcer or hit man, years ago.
On July 8, 2013 at 5:47 pm, Patrick said:
When I heard this story, I just about went into “FULL METAL JACKET MODE”…Our wonderful state and Federal governments continue, in their corrupt ways. I do believe we are on the verge of an “American Spring” but it will DWARF anything seen in the Middle East!! From the White House to the State House, it will be SHTF TIME!!! …But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. —
On July 10, 2013 at 1:07 pm, Patrick Henry said:
@Josh on July 4,
“contempt of cop”, hardly, Mitchell showed no contempt of the cops. The effin cops showed their contempt of a citizen, his home, his rights, etc.
On July 20, 2013 at 8:00 pm, pitbullgirl65 said:
@Honey Badger: They they’d better start standing up to this crap. Seriously, there are waaayy more of us then them. The Free Republic forum is up in arms about the Hawthorne shooting, and they defended Mr.Rosby for exercising his 1st Amendment rights. Freepers! I PM one of them in our Justice for Max group about it.
When the pinko commies and the gun toten’ rednecks are in agreement over police brutality, that is dare I say? unprecedented. At least since I can remember. I respect good LEO but these thugs cast a pall over all of them.