Police, The Fourth Amendment, Qualified Immunity

Police destroy a woman’s house by breaking oil line during search

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Case: Carr v. METROPOLITAN LAW ENFORCEMENT COUNCIL, INC., Dist. Court, D. Massachusetts 2014


In opposing the motion to dismiss, plaintiff argues that “[c]learly MetroLEC had policies and procedures for conducting raids and the execution of search warrants[,]” which will be explored during discovery. (Pl. MetroLEC Opp. at 6). Moreover, she asserts that through discovery she expects to be able to show due to “improper training and supervision by its supervisors” an inappropriate “aggressive military climate” and “military commando type culture” were created, and that this aggressive climate “was at the root of the behavior that resulted in MetroLEC officers kicking and/or breaking off the heating oil line” in Ms. Carr’s basement. (Id. at 7).

While admittedly a close question, this court finds that the allegations are sufficient at this stage to withstand the motion to dismiss.

Written by Burgers Allday

September 1, 2014 at 9:07 am

Posted in Uncategorized

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