Wait, a Third Amendment lawsuit? Yep. They’re pretty rare. The Third Amendment forbids the quartering of troops in the homes of citizens, something the British did when we were a colony. And a family in Nevada is suing the police for occupying his home.
On the morning of July 10th, 2011, officers from the Henderson Police Department responded to a domestic violence call at a neighbor’s residence,” the Mitchells say in the complaint.
It continues: “At 10:45 a.m. defendant Officer Christopher Worley (HPD) contacted plaintiff Anthony Mitchell via his telephone. Worley told plaintiff that police needed to occupy his home in order to gain a ‘tactical advantage’ against the occupant of the neighboring house. Anthony Mitchell told the officer that he did not want to become involved and that he did not want police to enter his residence. Although Worley continued to insist that plaintiff should leave his residence, plaintiff clearly explained that he did not intend to leave his home or to allow police to occupy his home. Worley then ended the phone call.
Mitchell claims that defendant officers, including Cawthorn and Worley and Sgt. Michael Waller then “conspired among themselves to force Anthony Mitchell out of his residence and to occupy his home for their own use.” (Waller is identified as a defendant in the body of the complaint, but not in the heading of it.)
The complaint continues: “Defendant Officer David Cawthorn outlined the defendants’ plan in his official report: ‘It was determined to move to 367 Evening Side and attempt to contact Mitchell. If Mitchell answered the door he would be asked to leave. If he refused to leave he would be arrested for Obstructing a Police Officer. If Mitchell refused to answer the door, force entry would be made and Mitchell would be arrested.’”
At a few minutes before noon, at least five defendant officers “arrayed themselves in front of plaintiff Anthony Mitchell’s house and prepared to execute their plan,” the complaint states.
It continues: “The officers banged forcefully on the door and loudly commanded Anthony Mitchell to open the door to his residence.
“Surprised and perturbed, plaintiff Anthony Mitchell immediately called his mother (plaintiff Linda Mitchell) on the phone, exclaiming to her that the police were beating on his front door.
“Seconds later, officers, including Officer Rockwell, smashed open plaintiff Anthony Mitchell’s front door with a metal ram as plaintiff stood in his living room.
“As plaintiff Anthony Mitchell stood in shock, the officers aimed their weapons at Anthony Mitchell and shouted obscenities at him and ordered him to lie down on the floor.
I don’t know if they have a Third Amendment claim; that will depend on whether the court rules that police officers are the equivalent of soldiers. But they sure as hell have a case for wrongful arrest and Fourth Amendment violations. If that isn’t a violation, it’s hard to imagine what would be.