What the heck has happened to this country? Has this nation been asleep at the wheel, or does the majority of this nation just look the other way and not care when they read or hear reports like this? Unfortunately, the majority of people that reside in this country think what happened to the Mitchell’s could never possibly happen to them, so they move on, look the other way in the la-la-land they live in…they do so at their own peril in my humble opinion.

Here’s what took place, I have two reports about this…you can read a detailed report here and the other here:

A family is suing the city of Henderson, Nevada for violating their Third Amendment rights — the constitutional prohibition against quartering soldiers in a private home during peacetime without the owner’s consent.

The Mitchell family says that’s essentially what happened when Henderson police allegedly arrested them for refusing to let officers use their homes for a “tactical advantage” in a domestic violence investigation into a neighbor, according to an official complaint.

Police officers contacted Anthony Mitchell on July 10, 2011, with a request to use his house as a lookout while investigating his neighbor. When Mitchell told police that he did not wish to be involved, the complaint alleges, police decided they would use the residence anyway.

According to Courthouse News Service, the police department decided that if Mitchell refused to leave or open the door, officers would force their way in and arrest him.

Mitchell claims this is exactly what happened. First officers “smashed open” Mitchell’s door with a “metal ram” after he did not immediately open it himself. He then “curled on the floor of his living room, with his hands over his face,” as the police shot Mitchell and his dog — which the family claims did not attack the officers — several times with “pepperball” rounds.

Pepperball is a projectile containing chemical irritant pepper spray, which is released upon impact.

Afterward, Mitchell was arrested for “obstructing a police officer.”

The ordeal didn’t end there. Mitchell’s parents, Michael and Linda, were also neighbors to the home where police officers suspected domestic violence, so the police wanted to use their home as well. Michael Mitchell was invited to a local police command center to assist “in negotiating the surrender of the neighboring suspect.”

But upon arriving at the commander center, the elder Mitchell was informed the negotiations wouldn’t be taking place, the complaint says. When he decided to leave, he was also arrested.

The elder Mitchell’s wife was not arrested, but she was roughly escorted from her home while other officers entered the house without permission, the complaint alleges. The family claims that when she was allowed to return, “the cabinets and closet doors throughout the house had been left open and their contents moved about… Even the refrigerator door had been left ajar, and mustard and mayonnaise had been left on their kitchen floor.”

The charges against both the father and the son were dismissed.

Third Amendment lawsuits are rare. Engblom v. Carey is the only major court decision concerning the amendment. It resulted from a lawsuit filed by striking New York corrections officers who were evicted from employee housing to make room for National Guardsmen who were performing their functions during the strike.

The Court of Appeals for the Second Circuit ruled against the corrections officers in 1982.

So, what do you think…will the Mitchell family win or lose? Are you outraged about what happened to them?

Throw in your two-cents…Fire Away – Inquiring Minds Want to Know!

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37 Comments

  1. Desert Rat says:

    I live in Henderson and know the case very well. The Mitchell’s will win big. The city of Henderson Police in the last few years have paid out big bucks for “over aggression”. They have made some dumb decisions, and this is just the latest. The crime rate in Henderson is very low compared to the cess pool of Las Vegas.

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    • Howdy, howdy Desert Rat…I thought about you when I read this. I recalled that you lived in that area from previous posts in the past. I more than thank you for the information you shared with us. I was wondering if the two stories I read about it could be wrong somehow and something was left out. – Glad to know the reports are correct. To me, what happened to the Mitchell family is totally OUTRAGEOUS!

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    • Mr. Rational says:

      I hope you’re right.  These scum need to be taken down several pegs, and people fired.

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  2. SPURWING PLOVER says:

    We all know the DEM-A-RATS have totaly rejected the U.S. CONSTITUTION why else do they want to ban and confiscate all our guns we need to start leaving their leftists worms where they belong

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  3. bigtimer says:

    Off-Topic: Has anyone been listening to the boob-tube about the 777 plane crash? I just heard someone report that all passengers got off safely, and you could hear the disappointment in the two talking-heads voices. That speaks volumes about what the news media really wants when it comes to deaths etc. They all make me sick that way.

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    • Mr. Rational says:

      Television?  I don’t allow that crap in my house.  Once you’ve been away from it for a while, you can feel it making you dumber as you watch it.

      Besides, if you want to kill the Corrupt Liberal Media, you can’t help it sell ads.

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      • bigtimer says:

        I’ve lived without TV for a few years…still, glad we have it now though. I know when I’m being fed crap and when I’m not. I listen to radio and know the same thing during the day…so, to each their own. ~

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      • Bingo, my TV’s went in the street over a decade ago, don’t miss em. Only watched The Simpsons anyway.

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  4. Well… they’ve gutted the First Amendment. They’re real close to gutting the Second Amendment. Now I guess is the time to start working on the Third Amendment.

    Of course the Fourth isn’t far behind. With the government reading our mails, emails, texts, and tweets; and listening in on our phone conversations. All without a warrant.

    And another thing: Why do police departments always hire the worst people to be cops? For all their talk of how candidates for the academy have to have a clean background and be “of good moral character,” they sure tend to hire everyone that is the exact opposite.

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  5. SPURWING PLOVER says:

    Train exposion in quebec airline crash in SAN FRANSICO i suppose the islamics with say someting about it all

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  6. Use to respect law enforcement, but not as much as years ago. I personally hope the city of Henderson gets sued for millions.

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    • bigtimer says:

      So do I Paul…and my sentiments are the same regarding many in law enforcement. I’ve seen much in my life that way…good and bad in everything, but they do seem to be getting worse when it comes to power.

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  7. I’m sorry but perhaps I’m wired differently. There is no way in hell cops or anyone else is forcing their way through my front door without my permission or a legal search warrant…period. At least not without eating some 00 buck. If they have no legal reason to be there they will be treated as a trespasser, whether they have a badge on or not. That includes brown shirt DHS nazi bastards too. Its bad enough you have to worry about thugs busting through your front door in small numbers. I’ll go to hell before I allow cops without legal authority to do it too.

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    • bigtimer says:

      I don’t know Rich, we’d all like to think we’d do as you suggest…but we also know we’d end up behind bars for life most likely if we did so.

      In other words, easier said than done type of thing.

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      • When jackboot nazi’s can crash through your front door with no legal authority…we are already in prison BT. Id probably die in the process but I’m not sitting back and allowing some asshole badge or no badge to come busting into my home. I’ll do what I have to do to defend my castle no matter how dire the consequences.

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        • bigtimer says:

          Rich…

          Let’s just say that I’ve had cops barge in my home before I got to the door, let’s say I had a weapon handy and could have used it. Let’s say I was hauled to jail and charged for using self-defense against a madman nutcase that lived next door at the time threatening me with a sawed-off shotgun with children that I loved and knew in-between the situation…let’s say I spent time in jail until I could be released on my own recognizance three days later, lets say I plead not guilty and won and and all was resolved, no lawyers included, I represented myself…took months etc.

          You tell me where I would be right now if I had shot the cops that barged in?

          Like I said, it’s a scenario presented…but easier said than done if you face something like that in a matter of seconds.

          Easy to post words on a keyboard, not so much in real life situations at times. – Just my two-cents.

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          • Desert Rat says:

            Big, we had a case here in Las Vegas a year or two ago that resembles what you are talking about. Most of you might know the background. An ex military guy was legally caring a handgun in a Costco. An employee saw it in his waist, got nervous called Metro police. The cops should up, got him outside, they said he was acting funny, said he reached for it, they shot him dead in front of witnesses. Many witnesses came forward to say the cops were wrong, the surveillance tapes outside of the store mysteriously were not working etc. His family fought and sued for excessive force and lost. Now I am not a paranoid dude, but it smelled funny, along with a few other cases we have had out here in the desert. Just saying.

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          • bigtimer says:

            Yep…and it’s not happening in just the desert areas either. Frankly, much of this has been going on for years. The scenario I presented above (albeit a shortened version was 20 years ago) the power they now have has increased triple-fold…we see case after case of that daily now via the internet. People better wake up…before it’s far too late.

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          • BT a situation happened here in Florida a few years ago where cops burst into a home….no warning…no warrant and one got shot dead by the homeowner. They were trying to enter a drug house and just crashed through the wrong door. The home owner was cleared of any wrongdoing. Of course with todays jackboots in charge I suppose it may be different. I cant say you are wrong in your thinking because these sons a bitches will make their own laws when they want to. I hope I never have to face that situation. There are a million variables to consider and we simply cant cover every possible scenario here.

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      • master of sinanju says:

        There is a supreme court case, (can’t recall it right now) where in certain circumstances, you CAN shoot a L.E.O.! I would venture to assume this would be one of those times.

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      • Sarthurk says:

        Jail? Hell no. The morgue more likely.
        Molon Labe

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    • I stand with you Rich even if it means I’ll be living with the worms.

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  8. Sue the sh!t out of them…….hurt them so bad that they have to shut down the city and disband the police force……..get them…..get them good……….

    Police forces all over the country are violating our rights and they must be taught a lesson……..we, the people, are not the enemy….and they have to stop this crap of insisting we are the problem……that we are the criminals, that we just haven’t been caught yet………..

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    • Bluto, don’t just sue the city, press civil rights violations charges against the individual officers. Put some fascist cops in jail for once! We used to be a country that followed the rule of law!

      awd

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    • If a few cops got their heads blown off while doing this it would stop. Cops aren’t above the law anymore than we are no matter what the leftist turds say.

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  9. Its one thing to obey and respect the law…but its quite different when those that are hired to enforce the law abuse it and make their own rules…than all bets are off.

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  10. What is most important to my mind is how the courts will redress this travesty, and make whole the Mitchell family.

    If the courts fail in executing justice and side with enforcement, then there is little doubt that Tyranny has seeped past checks and balance.

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    • bigtimer says:

      Waspish….

      You hit the nail directly on the head for me. I feel the same way too.

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      • Exactly why I said before that when the people who are supposed to uphold the law become corrupt..all bets are off. Then the law of survival becomes the law to live by. By and large I want to obey the law and avoid problems…but crap like this is inexcusable. If the courts give a blessing to corruption like this then the system itself becomes the enemy and your own law becomes paramount.

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        • Yeah Rich we agree except for a few small details. I would not martyr myself with a front porch shootout, because no one would take up the cause. There has not been enough tyranny yet to affect the consciousness of most Americans. This story was pretty much Buried in my estimation.

          Besides I don’t even know who most of my fellow countrymen are anymore by the way most of them act.

          I actually wondered if the Mitchells were Libs and voted for Barrack or Harry Reid, and maybe might have gotten what they voted for.

          Don’t get me wrong the Mitchells still deserve justice because their civil liberties were violated, but if they were found out to be Libs I would not be able to contain my schadenfreude.

          Hence my point is I would not die a martyrs death for the 47% who just wouldn’t give a damn. Revenge would be better and I would seek it through the courts first.

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  11. Excellent points Waspish. I’m afraid its going to take a lot more tyranny to finally wake some people up. Too many sheeple that are content to live in a false reality called liberalism.

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    • bigtimer says:

      You got that right. The fastest way to wake up the walking dead in this case would be to cut-off all welfare type of govt. checks. No more hand-outs.

      ….but that will never happen.

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    • Celebrate Homogeneity says:

      No, Rich. You can’t blame it all on liberalism. Blame it on people, liberal OR conservative, who are happy as long as the gas tank is full, the toilet flushes, and they have 22 thugs running around bumping into each other on the idiot box in order to grab a ball to keep them entertained. Or, in my cynical view, distracted.

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      • Very true. That same idiot box that brings them their thugfest also spoon feeds them leftist propaganda 24-7 too. A perfect recipe for creating brain dead zombies.

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