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Wednesday, June 03, 2015

Ind. Decisions - Evansville police raid case argued Monday before the 7th Circuit

The ILB does not know too much about this case, because it is often difficult to follow the news in Evansville. However, after I read about the oral argument yesterday before the 7th Circuit, I did some brief research and found this C&P story by Mark Wilson, from Jan. 7, 2015, headed "Judge: Lawsuit against Evansville Police Department can go to jury trial." Some quotes from the long story:

A federal judge has ruled a woman’s lawsuit can go to jury trial on her claim that the Evansville Police Department used excessive force in a June 2012 SWAT raid on her home.

The strongly worded ruling by United States District Court Judge William Lawrence was especially critical of the SWAT team’s use of “flash-bang” grenades during the raid on Louise Milan’s home, as well as the investigation that led to the raid.

Attorneys for the police department and the city had sought a favorable ruling on Milan’s claims of unreasonable search and seizure, false arrest or unreasonable detainment, and excessive use of force.

Lawrence did say the search warrant and Milan’s detainment were reasonable. However, he said there were factual questions about police use of force and whether the city could be held responsible for police department actions. The ruling clears the way for a three-day jury trial on Milan’s claim starting April 6.

“That excessive use of force really was the main claim from the outset. We are just happy that it is going to be allowed to go to trial,” said Kyle Biesecker, attorney for Milan. “This is one that kind of cuts across all political ideologies. Nobody wants the front door of their home knocked down and guns pointed at them.”

The raid was documented on video by a police helmet camera.

This Sept. 14, 2014 story, which includes the search warrant, etc., is also worth reading.

The Washington Post had video footage of the police raid in its Aug. 15, 2014 feature, "Police raids of the day."

Judge Lawrence's ruling was appealed and on Monday it was argued before the 7th Circuit. The headline from the June 2nd Evansville City-County Observer: "Breaking News : The Seventh Circuit Court of Appeals Oral Argument Between Louise Milan v. Evansville Police Chief Billy Bolin." The story links, without comment, to the oral argument before the 7th Circuit on June 1st: 15-1207 Louise Milan v. Billy Bolin. (I recognize Chief Judge Wood's and Judge Posner's voices as two members of the panel; I don't recognize the 3rd voice.)

Posted by Marcia Oddi on June 3, 2015 09:33 AM
Posted to Ind Fed D.Ct. Decisions | Ind. (7th Cir.) Decisions