A 2022 SWAT raid for a stolen truck, firearms, and an iPhone based on Apple's “Find My” app resulted in a $3.76 million judgment verdict for a Colorado grandma.
The ACLU of Colorado, which sued on behalf of Ruby Johnson, 78, said a jury found Friday that Denver police Det. Gary Staab and Sgt. Gregory Buschy violated the state's constitution by "hastily seeking, obtaining and executing a search warrant" on her home without probable cause or proper investigation.
SWAT officers ransacked Ms. Johnson's 43-year-old home after receiving an apparent GPS ping from an iPhone's 'Find My' app, which they didn't understand or train for.
The ACLU reported that Ms. Johnson was alone in her Montbello home in her robe, bonnet, and slippers when the horrific police raid occurred. Police searched Ms. Johnson's home for stolen items from an incident she had nothing to do with, wearing body armor and automatic weapons.”
The verdict included $1.26 million compensatory and $2.5 million punitive damages. On Tuesday, an ACLU of Colorado representative told NBC News that Denver will pay $3.76 million. Staab and Buschy may have to pay up to $25,000 if the city demonstrates in a separate case that they behaved in bad faith, the ACLU said.
A Staab and Buschy attorney mentioned in court filings was unavailable for comment Tuesday afternoon. The jury's verdict was not commented on by Denver police, who were not sued.
The case was filed under a 2020 police reform statute passed following George Floyd's death. State lawmakers allowed police personnel to be sued in state court for constitutional infractions.
Before the new statute, police misconduct claims were only allowed in federal court. Federal charges are difficult to prosecute because of qualified immunity, which protects authorities, including police, from lawsuits demanding monetary damages for their work.
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