A lawsuit has been filed against the Henderson, Nev., police
department over an incident in which its officers allegedly demanded to use a
private home as a lookout for an investigation, then arrested the resident when
he refused.
Anthony Mitchell is suing Henderson, North Las Vegas and a
long list of police officials and officers including Jutta Chambers, Garret
Poiner, Ronald Feola, Ramona Walls, Angela Walker, Joseph Chronister and
Christopher Worley.
Joining as plaintiffs are his parents, Michael and Linda
Mitchell, who live nearby and also allegedly were physically rousted by police
from their home.
According to the
complaint, “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.”
The complaint then explains that members of the police
departments “conspired among themselves to force Anthony Mitchell out of his
residence and to occupy his home for their own use.”
According to a report in Court News, “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.’”The
lawsuit explains at least five police officers banged on Anthony Mitchell’s
front door and demanded he leave, then broke down the door and pointed their
guns at him.
“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.”
His parents were lured out of their home and arrested, the
lawsuit alleges.
According to the complaint, “Plaintiffs Anthony Mitchell and
Michael Mitchell were subsequently transported to Henderson Detention Center
and were booked on charges of Obstructing an Officer. Both Anthony and Michael
Mitchell were detained for at least nine hours and were required to pay a bond
to secure their release from custody.
“A criminal complaint was subsequently filed by the
Henderson city attorney’s office … charging them with counts of Obstructing an
Officer. All criminal charges against plaintiffs were ultimately dismissed with
prejudice.”
The cities are named because they “developed and maintained
policies and/or customs exhibiting deliberate indifference to the
constitutional rights of United States citizens, which caused the violations of
plaintiff’s rights.”
The legal action alleges assault, battery, false arrest and
imprisonment, intentional infliction of emotional distress, negligent
infliction of emotional distress, conspiracy, defamation, abuse, malicious
prosecution, and negligence, and it claims the plaintiffs are due compensation
for each offense.
