Post by WaTcHeR on Jan 11, 2006 15:52:46 GMT -5
Police Sued Over Home Search
SALT LAKE CITY Residents of a Utah County home where police searched for drugs have filed a federal lawsuit against the police agencies and officers who conducted the search.
In the lawsuit filed Thursday, Mike Peay, Colleen Peay, Matthew Peay, Megan Peay and Juan Ramirez allege that Utah County's sheriff's office and it's Major Crimes Task force engaged in ``excessive'' execution of a 2004 search warrant.
The lawsuit, which seeks $3 million in damages, alleges that ``the manner in which the search warrant was executed was improper, unreasonable and excessive.''
The Peay family also claims they were treated in a ``barbaric and inhuman fashion,'' including allegations that Mike Peay, who is disabled with diabetes-related health problems was stunned repeatedly with a Taser.
David W. Brown, who is representing the Peays and Ramirez, said Mike Peay now ``has trouble with everyday activities.''
The Utah County sheriff's office was ``involved in, encouraged, developed or permitted policies, practices and customs . . . which caused and permitted (the) defendants and other employees to use unreasonable and unjustified force,'' the lawsuit contends.
Utah County sheriff's Sgt. Darren Gilbert declined to comment because the litigation is pending.
Court documents show Utah County deputies first secured a warrant for the Peays' Eagle Mountain home in 2003. An affidavit supporting the warrant said an officer noted the smell of marijuana in the residence and alleged that Matthew Peay showed signs of drug use. The warrant was also supported by affidavits from neighbors who alleged illegal drug and alcohol use occurring in the home.
The warrant was served on the Peay home Jan. 4, 2004. The lawsuit contends officers damaged the home and a camper, smashing holes in walls, a bedroom door and windows.
``They went out of their way to break various items,'' the suit contends.
Officers found drug paraphernalia and a codeine pill on Ramierz, according to the lawsuit and he was eventually charged with two drug-related offenses. Matthew Peay was also charged with a drug offense. The charges against both men were later dismissed.