Pubdate: Fri, 13 Aug 2010 Source: Register-Guard, The (OR) Copyright: 2010 The Register-Guard Contact: http://www.registerguard.com/web/opinion/#contribute-a-letter Website: http://www.registerguard.com/ Details: http://www.mapinc.org/media/362 Author: Karen McCowan, The Register-Guard EWEB OFFICIAL SUES OVER DRUG RAID Joann Ernst Claims Police Used Excessive Force Against Her Family Eugene Water & Electric Board Commissioner JoAnn Ernst and her three adult children have filed a federal lawsuit accusing Eugene police of excessive force and violating their civil rights during an Aug. 11, 2009, drug raid on their west Eugene home. Eugene attorneys Brian Michaels and Marianne Dugan filed the complaint Wednesday afternoon on behalf of Ernst, her daughters Jamie and Joanna Allen, and her son Jack Allen. The suit names the city as a defendant, as well as Eugene police officers Joe Kidd and Matt Lowen. It seeks unspecified damages over the police department's use of "paramilitary activities, personnel, tactics and equipment" while executing a search warrant at Ernst's home. The family's complaint charges that Kidd used deceptive information about Jack Allen in a sworn affidavit to obtain court permission to serve the warrant with a forceful, predawn SWAT team entry. Eugene Police Chief Pete Kerns said late Thursday afternoon that he had not yet had a chance to review the complaint in detail, but added: "We have investigated our use of force and our use of the SWAT team in this incident. It was within our policy and within the standards of law enforcement across the country and throughout Oregon. "There is nothing to suggest that officer Kidd's affidavit included false or misleading statements," Kerns said. "I look forward to defending our officers in court." Ernst, her son and both daughters initially faced felony drug charges in the case, but only Jack Allen was convicted of a felony. He was sentenced to probation last fall after pleading guilty to one count of methamphetamine possession. According to prosecutors in the case, police targeted Ernst's house for the raid after investigating an alleged heroin trafficking ring in which Jack Allen was a suspected drug runner. No heroin or weapons were found in the family's Churchill area home. Ernst and her daughters were sentenced to probation after pleading guilty to misdemeanor charges - she for possessing more than an ounce of marijuana and her daughters for frequenting a place where a controlled substance was used. Ernst, an EWEB commissioner elected in 2008, told a judge at her November sentencing that the pot was for medicinal purposes and that she had since obtained an Oregon Medical Marijuana card. The judge ordered police to return her marijuana-growing equipment seized in the raid. The family's lawsuit charges that Kidd's search warrant affidavit argued for a "high risk" approach to Ernst's home by saying its occupants were potentially "armed with firearms." The suit questioned his inclusion of a discredited informant's statement from a police report about an incident in which a man was shot in the hand. Kidd cited the informant's claim that Jack Allen accidentally shot the man, but omitted other parts of the report in which the victim said - and an investigating officer concluded - that the wound was self-inflicted, the lawsuit said. It also challenged Kidd's statement for reporting Jack Allen's previous arrest for carrying a concealed weapon without clarifying that the weapon in that misdemeanor case was a knife. The suit said Ernst and her children do not know whether Kidd knew about the omitted details or whether Lowen deceived Kidd and thus Lane County Circuit Judge Doug Mitchell, who issued the warrant. "As a result of Officer Kidd's deceptive affidavit," the suit alleges, the sleeping family was awakened during the pre-dawn hours by a "para-military type method of incursion into the home." The forced entry included "flash-bang grenades ... designed to emit a brilliant light and loud noise upon detonation," the suit said. Such grenades are intended to "stun, disorient, and temporarily blind" occupants of the targeted building, giving officers time to "safely enter and secure a potentially dangerous area." One of the grenades struck Jamie Allen in the head, the complaint alleges, while Jack Allen was cut in the arm and face by shattered window glass. Police also broke in the home's door with a battering ram, the suit charges. The raid destroyed flooring and shorted out electricity in Ernst's home, the suit contends. It alleges that the family was traumatized by "black-clad officers in riot gear screaming orders," and says Ernst's daughters are still afraid to sleep in their room, "experiencing night terrors and what can only be described as PTSD (post traumatic stress disorder)." The complaint says the police tactics violated the family's constitutional guarantee of freedom from unreasonable search and seizure. The suit seeks unspecified economic damages for medical bills and other costs. It also seeks unspecified punitive damages and noneconomic damages for physical and emotional pain and suffering. - --- MAP posted-by: Jo-D