Unconstitutional Invasion And Abuse Of Home Schoolers By Police
BY Herschel Smith10 years, 1 month ago
A Missouri homeschooling family is suing a sheriff and another officer who forcibly entered their home without a warrant, Tasered the father, pepper-sprayed the mother and put their children in the custody of social service workers.
A court already has ruled that the actions of Sheriff Darren White and Capt. David Glidden of Nodaway County, Missouri, violated the U.S. Constitution, resulting in the dismissal of charges of child endangerment and resisting arrest against the couple, Jason and Laura Hagan, of New Hampton.
The lawsuit, which seeks compensatory damages, punitive damages and attorneys costs and fees, was brought on behalf of the couple by the Home School Legal Defense Association, the world’s leading advocate for homeschooling families.
Attorney James Mason, senior counsel for HSLDA, told WND the Fourth Amendment protections against unreasonable search and seizure were added to the Constitution for a reason.
“We need to be vigilant,” he said. “We need to be willing to stand up for our rights.”
He said authorities sometimes need to be reminded that “rules apply to them, too.”
The complaint, filed Nov. 14, alleges the the officers came to the Hagan residence because a social worker was investigating a report of a messy home.
The case worker wanted to inspect a second time, and the Hagans refused, so she called Glidden and White.
Glidden first demanded to be allowed into the home and was denied permission. So, according to the complaint, he pepper-sprayed Jason and then Laura.
“Glidden then turned to Jason, who was still standing, and shot him in the back with his Taser,” the complaint said.
When Laura closed the front door, Glidden continued triggering the Taser through the closed door.
Then White joined in.
“Together they forced open the door and found Laura and Jason lying on the floor,” HSLDA said.
They “slapped Laura, knocking her glasses off of her face,” they threatened to shoot the family dog, they threw a telephone across the room, called Laura a “liar,” handcuffed the parents and threatened to let Jason fall down, according to the complaint.
It all took place in front of the three children, ages about 13, 10 and 8, who were taken into state custody, where they remained for months.
When the allegations made by social workers and the officers against the couple reached court, a judge summarily tossed the case.
This all began over a report of a “messy home.” It escalated into throwing things around the house, threatening the family pet, and physical abuse of innocent victims. There is no difference between these cops and the Gestapo, and these cops deserve the same treatment as the Gestapo. One day they won’t encounter a set of complaint home school parents who are willing to let a black robed tyrant work it all out. They will get a mouth full of 5.56 or .45. And I won’t shed a tear when that happens.
On November 23, 2014 at 11:51 pm, Daniel Barger said:
So a court ruled the actions in violation of the constitution…..therefore the badged thugs violated the civil rights of these people and committed multiple felonies such as assault, breaking and entering and kidnapping. So why the hell did the judge who issued this ruling NOT issue a warrant for the arrest of these JackBooted criminals? That IS what the courts do isn’t it?
Any $$$ settlement this family receives will come from the pockets of the taxpayer, money STOLEN by the threat of force. The criminals in blue will go right back to work breaking the law,
assaulting citizens and violating the Constitution with not a single consequence for their criminality.
And people wonder why cops get ambushed.
On November 24, 2014 at 12:53 am, Bill Daigle said:
All true…and the cops win another group of fans who will never forget what was visited upon them.
On November 24, 2014 at 3:42 am, Bubba said:
Nothing I can add to your rant. The badged thugs along with the social worker should all be fired. A stint behind bars would be appropriate.
On November 24, 2014 at 1:02 pm, Archer said:
18 U.S.C. 241 (Conspiracy Against Rights) and 18 U.S.C. 242 (Deprivation of Rights Under Color of Law). The Federal statutes already exist to arrest, charge, and punish the jack-booted thugs who pull this crap. Note the prison terms attached: up to 10 years for each conviction. The cops and the social worker would both be liable.
Unfortunately, it comes down to cops being unwilling to investigate cops, district attorneys being unwilling to level charges against the same, and judges willing to look the other way.
More proof that the American concept of Rule of Law is terminal.
On November 25, 2014 at 12:37 am, Herschel Smith said:
Outstanding information! Thanks for the links Archer.
On November 25, 2014 at 8:08 pm, Ned Weatherby said:
Both statutes would be relevant if anyone but government agents provided information to a grand jury. They’ve been cited by pro se litigants who have suffered abuse to little avail. Too bad we don’t have a justice system.