This case involved multiple search warrants executed simultaneously, particularly a no-knock entry with alleged excessive force. This is another case of law enforcement being described as ninja because of their SWAT clothing.
DUANE TOLLIVER, et al., PLAINTIFFS
BAXTER COUNTY, ARKANSAS, et al., DEFENDANTS
CASE NO. 05-3036
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS, HARRISON DIVISION
2006 U.S. Dist. LEXIS 52976
Filed July 18, 2006, Opinion by US District Judge Jimm Larry Hendren,
Plaintiffs allege that defendants violated their Fourth and Fourteenth Amendment rights in various ways in connection with the execution of a search warrant on the business and residence of plaintiffs Duane and Donna Tolliver.
Plaintiff Archer was sitting at a desk in the garage of Alternators Plus when the warrant was executed. According to Archer, a law enforcement officer dressed in a “ninja suit” entered the business, pointed a gun at him and screamed for him to get on the floor. Archer later identified this officer as Deputy Grayham. According to Archer, four or five officers pulled him to the floor and one of the officers handcuffed him. After about 15 or 20 minutes, officers set Archer up in a chair but his handcuffs were not removed until approximately 15 to 30 minutes later.
Officers found no contraband at the Tollivers’ business or residence and no charges were filed against any of the named plaintiffs, with the exception of Mungle.
Four other search warrants were executed simultaneously with the one at issue. Mike Tolliver, Plaintiff Duane Tolliver’s brother, was arrested, charged, and ultimately convicted of methamphetamine manufacturing as a result of items seized during the execution of these warrants.
The Court found that the no-knock entry and uses of forces were not excessive under the circumstances. Therefore,
plaintiffs’ claims should be DISMISSED, with prejudice, in their entirety and the Court will so order