Pubdate: Tue, 29 Apr 2003
Source: Register-Guard, The (OR)
Copyright: 2003 The Register-Guard
Contact:  http://www.registerguard.com/
Details: http://www.mapinc.org/media/362
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Author: Rebecca Nolan

WHITEAKER DRUG RAID SPURS LAWSUIT FROM RESIDENTS

Two couples detained in a controversial drug raid last October in Eugene's 
Whiteaker neighborhood announced on Wednesday their intention to file a 
federal lawsuit against the police agencies involved.

Local civil rights attorney Lauren Regan said the Oct. 17 raid was based on 
a "patently false search warrant" and violated the couples' civil rights 
and Fourth Amendment protections against unreasonable search and seizure 
and false arrest. She said police "acted with all the tact of a goon squad" 
and terrorized her clients and their neighbors.

"Our intent in filing this lawsuit is to ensure that no one else endures 
what these four individuals have gone through, as well as their neighbors," 
Regan said at a press conference.

Jens Schmidt, an attorney for the city, said the matter was under 
investigation.

A total of 59 officers converged on three houses on West Fifth Avenue and 
Adams Street where police suspected people were growing marijuana. Four 
people were detained for several hours, and officers found no marijuana 
plants or weapons in the homes.

No charges were filed against Tam Davage or Marcella Monroe, the married 
couple who own the homes. A charge of possessing less than an ounce of 
marijuana was dropped against Jor Havens, who lives in one of the houses 
with his girlfriend, Elizabeth Redetzke. The third house was unoccupied. 
Eugene police have said the complexity of the properties and the potential 
danger posed to officers dictated the response, which included a tanklike 
vehicle borrowed from the National Guard, flash-bang grenades, and a black 
hood placed over Monroe's head. Eugene's Rapid Deployment Unit, the 
Interagency Narcotics Enforcement Team, the Eugene-Lane County Metro SWAT 
team, Springfield SWAT, Portland police and two unarmed National Guard 
soldiers who drove the light armored vehicle all participated in the raid.

Regan gave notice of her intent to file the lawsuit in an April 11 letter 
to the city's insurance company. A jury will decide the amount of damages, 
she said Wednesday.

Also Wednesday, the Whiteaker Community Council neighborhood association 
filed a complaint with the Eugene Police Department's internal affairs 
unit, condemning the raid and the "egregious manner" in which it was 
carried out, including the potential threat posed to nearby families and 
children.

The controversy prompted the Eugene Police Commission to form a special 
committee to examine policies governing SWAT team activities and determine 
whether they conform with both professional standards and community values.
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