ELYRIA, Ohio (WJW) — The City of Elyria , its Police Chief and at least eleven of its officers are the target of a federal lawsuit arising from a raid on a home there in January.
On January 10, officers raided a home on Parmely Avenue searching for a teenage suspect in an apparent investigation related to burglary and firearms.
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Her sister, Courtney Price, had been visiting from Kentucky for exactly a week along with her 17-month-old son Waylon who was awaiting heart surgery.
The child, who was on a ventilator, was in a crib on the second floor of the home when officers used a battering ram to force open the front door and shattered the second-floor window of the bedroom where Waylon was resting with a “flash-bang.”
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Waylon spent ten days in a local hospital following the incident.
Police were quick to realize they were at the wrong house.
“I was just confused. I had no idea what was going on. I had never been in trouble with the police before, I never had interactions with police before,” Price said.
A federal lawsuit just filed on behalf of Price and Jennings seeks damages on multiple counts, including alleged federal violations of unreasonable search and seizure as well as unlawful use of excessive force along with alleged violations of state law that includes false imprisonment assault and battery.
1 dead after shooting near Dunkin’ Donuts in Garfield Heights Attorneys for the plaintiffs on Friday would not comment on the lawsuit other than to say “We intend to zealously represent this family and bring them justice.”
Following an investigation, the City of Elyria released a statement saying, in part, “According to the [Lorain County Sheriffs Office] summary report, probable cause existed to believe the juvenile lived at 331 Parmley Avenue at the time the search warrant was obtained and at the time the search warrant was executed. Additionally, the address was confirmed by detectives through three different sources prior to the application of the warrant and was confirmed by the juvenile [at the center of the burglary and firearms investigation] as reported by detectives and independent witnesses prior to the service of the search warrant. This report confirms the Elyria Police Department properly followed their policies and procedures as well as the law.”
But the lawsuit alleges “prior to the raid they knew, or should have known, that the suspect did not live at the premises. Indeed they had even been informed of that fact on at least three separate occasions.”
As the suit had just been filed the defendants, as of Friday, had not yet been served.
Court documents obtained by Fox 8 show the lawsuit seeking $5 million in relief.
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