Judge rules cops have no immunity for botched SWAT raid

Chris0nllyn

Well-Known Member
You may remember the case of Gonzalo Guizan from back in 2008.

A tactical police team raided the Easton, Connecticut house of Ronald Terebesi searching for a small amount of personal drugs. While by day's end the police discovered drug paraphernalia and 0.02 ounces of a substance believed to be crack cocaine, an officer also killed Terebesi's unarmed guest, Gonzalo Guizan (pictured), by discharging his Glock sidearm six times until the weapon finally jammed. Michael Sweeney, the lead officer into the house and the man who shot Guizan, said he felt something strike his shoes and believed he was being fired upon and returned fire. It has been suggested that what Sweeney actually felt was the explosion of the third flashbang.

Video here (not much to see):
http://link.brightcove.com/services/player/bcpid1612804693?bctid=56042618001

Guizan's estate filed suit and ultimately settled out of court for $3.5 Million.

http://www.ctpost.com/default/article/Towns-to-pay-3-5M-in-deadly-cop-raid-4295562.php

The 6 officers involved requested summary judgment based on qualified immunity, which the district court for the most part denied (the court agreed police had lawfully acquired the search warrant and dismissed failure-to-train claims against the town chiefs). The defendants appealed.

This past Thursday, the U.S. Court of Appeals for the Second District affirmed most of the lower court's denial of summary judgment and remanded the case.

http://www.ca2.uscourts.gov/decisio...-4fd1-bced-71d9a79dcab9/4/doc/12-3867_opn.pdf
 
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