News (Media Awareness Project) - US CO: Couple Sues Glenwood Policemen |
| Title: | US CO: Couple Sues Glenwood Policemen |
| Published On: | 2004-11-26 |
| Source: | Summit Daily News (CO) |
| Fetched On: | 2008-01-17 08:49:19 |
COUPLE SUES GLENWOOD POLICEMEN
GLENWOOD SPRINGS - A judge has ruled that a civil rights case alleging
an unconstitutional search of a home by Glenwood Springs police can go
to trial, the plaintiffs' attorney said Wednesday.
Officer Brian Keiter and former police officer Matthew Hagberry will
stand trial in Denver or Grand Junction in connection with a 2002 case
in which they entered a home and pointed their guns at two teenagers,
Glenwood Springs attorney Ted Hess said in a news release.
Hess said claims against police chief Terry Wilson, who was not
present, and other officers were dismissed.
Wilson said this week that he could not confirm the judge's ruling,
and he otherwise declined to comment on the case because it is a legal
matter.
A Denver attorney representing the city in the case could not be
reached for comment.
Mark and Shelley Fishbein, formerly of Glenwood Springs, brought the
case in connection with a search of their home on Aug. 15, 2002.
Teenagers Scott Fishbein and Aaron Hughes were inside playing computer
games at the time.
The two feared they were going to be killed by the officers, Hess
said.
The Summit County Sheriff's Office can relate. The department is being
sued by two former Summit County residents who are seeking repairs for
damages the Drug Task Force made during a botched drug raid.
Police in Glenwood went to the Fishbeins' home after a report from
Glenwood Springs resident Jesse Shearer that Mark Fishbein had pointed
a gun at him near the Grand Avenue bridge and used racial slurs.
Police found the Fishbeins in their car across the street from their
home, and arrested them in their front yard, handcuffing them
face-down, Hess said.
Police then entered the home, though it wasn't connected to the 911
call, he said. Hess contends the entry violated the Fourth Amendment
prohibition against unconstitutional search and seizure.
Prosecutors later dropped charges against Mark Fishbein after Shearer
stopped cooperating as a witness and another witness came forward in
Fishbein's defense.
GLENWOOD SPRINGS - A judge has ruled that a civil rights case alleging
an unconstitutional search of a home by Glenwood Springs police can go
to trial, the plaintiffs' attorney said Wednesday.
Officer Brian Keiter and former police officer Matthew Hagberry will
stand trial in Denver or Grand Junction in connection with a 2002 case
in which they entered a home and pointed their guns at two teenagers,
Glenwood Springs attorney Ted Hess said in a news release.
Hess said claims against police chief Terry Wilson, who was not
present, and other officers were dismissed.
Wilson said this week that he could not confirm the judge's ruling,
and he otherwise declined to comment on the case because it is a legal
matter.
A Denver attorney representing the city in the case could not be
reached for comment.
Mark and Shelley Fishbein, formerly of Glenwood Springs, brought the
case in connection with a search of their home on Aug. 15, 2002.
Teenagers Scott Fishbein and Aaron Hughes were inside playing computer
games at the time.
The two feared they were going to be killed by the officers, Hess
said.
The Summit County Sheriff's Office can relate. The department is being
sued by two former Summit County residents who are seeking repairs for
damages the Drug Task Force made during a botched drug raid.
Police in Glenwood went to the Fishbeins' home after a report from
Glenwood Springs resident Jesse Shearer that Mark Fishbein had pointed
a gun at him near the Grand Avenue bridge and used racial slurs.
Police found the Fishbeins in their car across the street from their
home, and arrested them in their front yard, handcuffing them
face-down, Hess said.
Police then entered the home, though it wasn't connected to the 911
call, he said. Hess contends the entry violated the Fourth Amendment
prohibition against unconstitutional search and seizure.
Prosecutors later dropped charges against Mark Fishbein after Shearer
stopped cooperating as a witness and another witness came forward in
Fishbein's defense.
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