A San Francisco police inspector has filed a federal civil rights suit against Antioch, arguing that officers in the East County city illegally broke into her home and Tasered her last year during a dispute involving a tenant she was evicting.
Marvetia Lynn Richardson contends the officers' actions represent an Antioch Police Department policy to harass African-American residents to drive them out of certain neighborhoods in the city.
The allegations are denied by the defendants, who include the city, its police department, police Chief James Hyde, Sgt. Thomas Fuhrmann and several named officers. They state in court documents that Richardson was arrested with probable cause and that limited force was used. Antioch's city attorney could not be reached for comment Tuesday.
The lawsuit says that two officers responded to Richardson's house on Mokelumne Drive after midnight on June 7, 2007, after a noise complaint by Bridget Reed, who lived with her teenage daughter in Richardson's upstairs bedroom. Richardson had served her with a 30-day eviction notice the week before.
Richardson at the time was entertaining two women friends — also plaintiffs in the suit — a teenager and several children who were excited about a trip to Great America the next day, the suit says.
Richardson asserts that after she invited the officers inside, they were rude and unprofessional, one telling her, "You wish you owned this home," after she identified herself as the homeowner.
The officers left the house and were standing outside when they heard screams and sounds indicating a struggle inside. Reed and her daughter then ran outside, saying that Richardson's teenage guest had threatened to shoot them.
During the conversation with Reed, officers began an audio recording in which they refer to Richardson as the "alleged homeowner" and "supposed homeowner." The lawsuit says that much of what followed was caught on that recording.
The officers then called Fuhrmann to the house, the lawsuit says. When no one answered the door, he ordered the officers to break it down. The teenager and another minor in a bedroom "pretending to be asleep" were immediately on suspicion of resisting arrest, the lawsuit says. The officers confronted Richardson as she stood in a bedroom doorway in her bedclothes.
The lawsuit says that in the audio recording, Richardson sounds irritated but is calmly answering the officers' questions when one suddenly shocks her with a Taser.
"How do you justify that?" the suit says Richardson asked the officers, who then arrested her and her two adult guests on suspicion of resisting arrest.
All charges filed against the women were dismissed this year after Contra Costa Superior Court Judge Charles Treat ruled that the officers entered Richardson's house illegally, according to the suit. The two minors arrested were not prosecuted.
The San Francisco Police Department placed Richardson on unpaid leave after her arrest. She is seeking compensation for lost wages, medical expenses and emotional distress. Her friends also seek compensation for emotional distress, with one asking for lost wages because the arrest prohibited her from obtaining a license to become a day care provider.
The lawsuit was filed in U.S. District Court in San Francisco in July and is scheduled for jury trial in December 2009.
4 comments:
that's deep. i was hoping i could squeeze domestic out of it but it really is something else.
Marvetia LynnRichardson won her Federal Civil Rights lawsuit against Antioch Police Deaprtment (California ) Dec 2010. The City paid Richardson approximately $800,000 in a out of court settlement.
On July 12 2011 Marvetia Lynn Richardson was "Vendicated" thus found "Factually Innocent" concerning when she was arrested and tasered by Antioch Police Offices who entered her home without a search warrant on 07-07-2007.Contra Costa Superior Court Judge Trevor White used the audio tape and the Federal Court transcripts to form his opinion that Richardson did not resisted or was she "combative with the Antioch Police has they described on the police report.
Since Richarson case settled out of Federal Court Antioch Police Officer Santiago E. Martinez has been terminated for the force.
This latest victory by Richardson further suggest Antioch Police are engaging in criminal misconduct PERJURY!
EX S.F.P.D Inspector Richarson is victorious once again in court!
Marvetia Lynn Richarson wins lawsuit against Antioch P.D (CA) but the city denies any wrongdoing as always.
As aresult of this case The Antioch Police (CA)should be reviewing the law,their policies procedures and the U.S Consitioution which the police are to follow when entering a home. A highly respected Federeal Court Judge explicitly told the City of Antioch in a published legal opinion that what they did to S.F.P.D Inspector Richarson and her guests violated the United States Consitution, The Federal Cilivil Rights Laws, and the California Civil Rights laws. This out of court settlement did not just resolve to to "avoid attorneys fees" as express by the Antioch City Attorney. That total B.S. There was an "Audio -Tape" which proved that the Antioch Police Officers were lying on their Police reports in Richarson case. Simply put Antioch P.D finally got caught lying and had to pay for by.
No city settles out of court when their Police Officers are adhereing to their policies and the LAW OF THE GREAT NATION.
The Officail citation for for Federal court Judge Whites ruling is Marvetia Lynn Richarson v. City Of Antiioch, 722 F.Supp. 2d 1133 (N.D. Cal. 2010). A copy of the ruling can be found on the U.S Northern District Courts pacer system, dated July 13th, 2010.
Thank God there was an AUDIO TAPE which help prove Richardson was not doing what the Antioch Police indicated in their police reports!
Congrats Marvetia Lynn Richardson for standing up and fighting against police misconduct and PERJURY in this modern times. Additionally Richardsons Attorneys should also be commended for backing you up and fighting against discrimination.
Officer Marvetia Lynn Richardson case made "published" CASE LAW!
The Richasrson case made published Case law see WESTLAW for details. .
This case is an excellent training tool for Police Officers and Law students . This is a very very interesting but troubling case!
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