Post by Guadalupe on Nov 30, 2014 23:04:44 GMT -5
MO police Taser, pepper-spray homeschool parents, seize kids in raid
Michael F. Haverluck (OneNewsNow.com) Friday, November 28, 2014
In an unwarranted raid of a Missouri homeschool family’s home, police officers used a Taser and pepper spray on parents before social services seized their children and took them into custody. The raid was spurred by an allegation made by social services workers that the family’s home was “messy.”
It was quickly ruled by a court in Nodaway County that Sheriff Darren White and Captain David Glidden violated the rights — guaranteed by the United States Constitution — of the family by their use of a Taser and pepper spray on the father and mother.
The reasoning given for the raid was said to have been spurred by a request made by social services workers to investigate the homeschool parents’ home because it was thought to be messy. Jason and Laura Hagan complied with the first inspection of their New Hampton home, but would not submit to a follow-up visit soon afterwards.
Ultimately, the resisting arrest and child endangerment charges were dropped against the Hagans.
However, the Hagans are suing the police raid team of the Nodaway County Sheriff’s Office for punitive and compensatory damages or the ordeal, along with attorney fees. The homeschool couple is being assisted in the legal proceedings by the Homeschool Legal Defense Association (HSLDA), a Christian nonprofit organization based in Purcellville, Virginia, which is honing in on the unconstitutional nature of the unwarranted raid.
HSLDA attorneys stressed in the lawsuit that police officers are not above the law.
“We need to be vigilant … We need to be willing to stand up for our rights,” HSLDA Attorney James Manson asserted. “[The] rules apply to them, too.”
Manson is arguing that Nodaway County’s police raid team violated the homeschool family’s Fourth Amendment rights when they entered their home and forced their way against the Hagans.
Open the door and let me in ...
On the second attempt to inspect the Hagan family’s home, the parents would not comply and did not invite the social services worker into their home to make the assessment as to whether or not it was “messy.” After being turned away, the social services staffer contacted the Nodaway County Sheriff in order to gain entry into the Hagan’s home.
When Captain David Glidden showed up on the front doorstep of the Hagan’s home demanding to be let in, both parents denied his request. Both Jason and Laura allege in their complaint that Glidden proceeded to use pepper spray on them because they would not comply to his demand for entry.
“Glidden then turned to Jason, who was still standing, and shot him in the back with his Taser,” the filed complaint reads.
Necessary force?
According to the legal document, Jason’s wife, Laura, then tried to close the front door, when Glidden fired his Taser in the direction of the closing door. This was when Sheriff White entered into the escalating situation.
“Together they forced open the door and found Laura and Jason lying on the floor,” HSLDA attorneys said, recounting the scene.
The account given by HSLDA alleges that both Sheriff White and Captain Glidden “slapped Laura, knocking the glassed [look] off of her face.” It is reported that at this point, the Nodaway police officers threatened that they would shoot the Hagan’s dog.
Not ending there, the law enforcement officials then called Laura a “liar” before throwing a phone across the room and handcuffing both her and her husband.
It is also reported that the entire episode with the police occurred in front of the couple’s three 8- to 12-year-old children, who were placed in custody for “months” after the traumatic event.
According to the judge presiding over the case, such behavior by law enforcement officials will not be tolerated.
“The court will not allow [an] exception to sanction warrantless entry into a private residence by pepper spray and Taser,” the Missouri judge declared. “If the officer had a warrant in hand and such force was necessary, that is a different story, but those are not the facts of this case.”
Accordingly, the judge ended up dismissing all of the charges brought against the Hagans, which reportedly should not have been filed in the first place.
www.onenewsnow.com/education/2014/11/28/mo-police-taser-pepper-spray-homeschool-parents-seize-kids-in-raid#.VHvnYsS9LCQ
Michael F. Haverluck (OneNewsNow.com) Friday, November 28, 2014
In an unwarranted raid of a Missouri homeschool family’s home, police officers used a Taser and pepper spray on parents before social services seized their children and took them into custody. The raid was spurred by an allegation made by social services workers that the family’s home was “messy.”
It was quickly ruled by a court in Nodaway County that Sheriff Darren White and Captain David Glidden violated the rights — guaranteed by the United States Constitution — of the family by their use of a Taser and pepper spray on the father and mother.
The reasoning given for the raid was said to have been spurred by a request made by social services workers to investigate the homeschool parents’ home because it was thought to be messy. Jason and Laura Hagan complied with the first inspection of their New Hampton home, but would not submit to a follow-up visit soon afterwards.
Ultimately, the resisting arrest and child endangerment charges were dropped against the Hagans.
However, the Hagans are suing the police raid team of the Nodaway County Sheriff’s Office for punitive and compensatory damages or the ordeal, along with attorney fees. The homeschool couple is being assisted in the legal proceedings by the Homeschool Legal Defense Association (HSLDA), a Christian nonprofit organization based in Purcellville, Virginia, which is honing in on the unconstitutional nature of the unwarranted raid.
HSLDA attorneys stressed in the lawsuit that police officers are not above the law.
“We need to be vigilant … We need to be willing to stand up for our rights,” HSLDA Attorney James Manson asserted. “[The] rules apply to them, too.”
Manson is arguing that Nodaway County’s police raid team violated the homeschool family’s Fourth Amendment rights when they entered their home and forced their way against the Hagans.
Open the door and let me in ...
On the second attempt to inspect the Hagan family’s home, the parents would not comply and did not invite the social services worker into their home to make the assessment as to whether or not it was “messy.” After being turned away, the social services staffer contacted the Nodaway County Sheriff in order to gain entry into the Hagan’s home.
When Captain David Glidden showed up on the front doorstep of the Hagan’s home demanding to be let in, both parents denied his request. Both Jason and Laura allege in their complaint that Glidden proceeded to use pepper spray on them because they would not comply to his demand for entry.
“Glidden then turned to Jason, who was still standing, and shot him in the back with his Taser,” the filed complaint reads.
Necessary force?
According to the legal document, Jason’s wife, Laura, then tried to close the front door, when Glidden fired his Taser in the direction of the closing door. This was when Sheriff White entered into the escalating situation.
“Together they forced open the door and found Laura and Jason lying on the floor,” HSLDA attorneys said, recounting the scene.
The account given by HSLDA alleges that both Sheriff White and Captain Glidden “slapped Laura, knocking the glassed [look] off of her face.” It is reported that at this point, the Nodaway police officers threatened that they would shoot the Hagan’s dog.
Not ending there, the law enforcement officials then called Laura a “liar” before throwing a phone across the room and handcuffing both her and her husband.
It is also reported that the entire episode with the police occurred in front of the couple’s three 8- to 12-year-old children, who were placed in custody for “months” after the traumatic event.
According to the judge presiding over the case, such behavior by law enforcement officials will not be tolerated.
“The court will not allow [an] exception to sanction warrantless entry into a private residence by pepper spray and Taser,” the Missouri judge declared. “If the officer had a warrant in hand and such force was necessary, that is a different story, but those are not the facts of this case.”
Accordingly, the judge ended up dismissing all of the charges brought against the Hagans, which reportedly should not have been filed in the first place.
www.onenewsnow.com/education/2014/11/28/mo-police-taser-pepper-spray-homeschool-parents-seize-kids-in-raid#.VHvnYsS9LCQ