Pubdate: Thu, 16 Oct 2003
Source: Daily Press (VA)
Copyright: 2003 The Daily Press
Contact:  http://www.dailypress.com
Details: http://www.mapinc.org/media/585
Author: Mathew Paust
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

WOMAN FILES SUIT IN ERRONEOUS DRUG RAID

MIDDLESEX -- A Middlesex County woman whose home was the mistaken target of
a drug raid two years ago has filed a $10.8 million suit against Sheriff Guy
Abbott, a Middlesex drug investigator and "six-to-eight" unnamed deputies.

The investigator who said he led the raid told the Daily Press shortly after
the incident that the mistake was the result of "sloppy police work." He
said he immediately called off the raid after recognizing the woman, Estelle
Newcomb. The Daily Press did not identify the officer because he was
involved in ongoing undercover work.

The only deputy named as a defendant is Micky Sampson.

In the lawsuit, Newcomb says police broke down the door of her home and,
guns drawn, began searching for drugs. She said her 80-year-old aunt was in
bed asleep at the time.

The Middle Peninsula Drug Task Force, which conducted the raid, went to the
correct, neighboring address the next night and arrested two people.

Abbott said the defense is being handled by the state Treasury Department's
Division of Risk Management.

The defense has asked that the lawsuit be tossed out because neither Abbott
nor his deputies can be held liable for "simple negligence" when carrying
out their duties. Under state law, public officials must be guilty of a
higher degree of negligence before they can be sued successfully.
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