michaelalmond
New Member
my door was kicked in , the residence forcibly entered , i was taken outside and to the ground cuffed and struck repeatedly in the back of the head , my three friends were also detained. my residence was searched as well as the vehicles of the friends without warrant probable cause or exigent circumstance or consent. we were detained in my front yard for about 4 hours. no charges were filed or official arrests made. the police stated that they "thought" the home was abandoned to try to justify warrantless search and seizure. i have since proven residency and now they blame thier actions on a neighbor who reported that "no one lives there" and are claiming qualified immunity based on this pretext. is there not a policy or custom or procedural rule that must be followed to make contact with an occupant or investigate the state of a residence prior to using force to seize the occupants and search said residence? can i not sue the city as the atty for the police has not produced any policy or procedure that police must follow to avoid the violations that took place (if there isnt one)?
my case is ithe southern district of wv.
my case is ithe southern district of wv.