On August 4, 2014, a 71-year old grandmother living in Washington, DC filed a lawsuit in the United States District Court for the District of Columbia under 42 U.S.C. § 1983 against the District of Columbia. The plaintiff, represented by the non-profit organization Equal Justice Under Law, asked the court for compensatory damages, punitive damages, costs, and reasonable attorneys' fees, claiming that her constitutional rights were violated. Specifically, the plaintiff claimed that the police verbally and physically abused her during a search of her home that was conducted despite the fact that she was under no suspicion of any wrongdoing.

On October 27, 2012, two officers were on patrol and passed the plaintiff's home and saw three men near her property "outside the fence line." One of the men was the plaintiff's grandson. After conversing with the men, the three were arrested for possession of an open container of alcohol and possession of synthetic marijuana. A handgun was also found. One of the other men admitted that all of the illicit items belonged to him and no charges were pressed against the plaintiff's grandson.

Even though no charges were pressed against the plaintiff's grandson, the police sought to search the plaintiff's home on the basis that there might have been evidence related to illegal firearms in the home. According to the plaintiff's complaint, the search warrant application was vague and did not specify any specific reason for searching the home. Furthermore, the complaint alleges that the basis given for the warrant was inadequate.

Both before and after obtaining the warrant, the plaintiff alleges that she was kept from entering her home and treated abusively by the police. After the search did not turn up anything illegal, the plaintiff claims that she reentered her home to find that it had been torn apart by the police.

As of February 5, 2015, this case is still ongoing.

Brian Dressel - 02/05/2015


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