50 Militarized Cops Destroy Family's Home Looking for Unarmed Homeless Man Who Stole Ice Cream

[rangerrebew]

50 Militarized Cops Destroy Family's Home Looking for Unarmed Homeless Man Who Stole Ice Cream
Published: April 17, 2020
 


Source: The Free Thought Project

FRESNO, CA – As TFTP previously reported, a married couple claimed Fresno sheriff’s officers destroyed their house by using it as a training ground for a teargas-wielding SWAT team, 50 vehicles, two helicopters, a K-9 unit and a fire truck — because an unarmed homeless man had been found in their closet. Now, after attempting to seek compensation for their incredible loss for over 3 years, the Jessens were told this month that they can kick rocks, the government who destroyed their home, owes them jack squat.

Last week, according to Courthouse News, the Ninth Circuit court of appeals upheld a ruling that the Fresno County and the city of Clovis are not liable for negligence claimed by David and his wife Gretchen Jessen’s lawsuit, because the damage to their home was caused by the officers’ “discretionary acts.” Seriously.

As TFTP reported in 2017, David and Gretchen Jessen sued Fresno County and the City of Clovis in Fresno County Court. They say the unconstitutional assault on their home was “excessive, unreasonable, violent, destructive … intrusive … unnecessary and unreasonable.”

Indeed, it was. But the court apparently didn’t agree.

https://www.blacklistednews.com/article/76781/50-militarized-cops-destroy-familys-home-looking-for-unarmed-homeless-man-who-stole-ice.html

[Elderberry]

https://alethonews.com/2020/04/13/ninth-circuit-denies-lawsuit-over-damage-to-home-in-police-raid/

Ninth Circuit Denies Lawsuit Over Damage to Home in Police Raid

After taking his family to a friend’s house 10 minutes away, Jessen drove back to unload some farm equipment and found law enforcement cars lining the road to his house for a quarter of a mile, plus two ambulances, a fire truck and two helicopters circling above.

This use of police force would eventually destroy the home, according to the complaint. Jessen said just before police cleared out, an officer handed him a card and said, “We have insurance for this.”

Police ripped out several wrought iron doors, according to the complaint, and pulled out a wall off the foundation, teargased six rooms, shattered a glass sliding door, broke several windows and 90 feet of fencing and flash-bombed two more rooms.

The Jessens say the man, identified later as Chanley Un, stole an ice cream bar, some milk and half a tomato.

The sheriff’s department claimed in a 2017 statement that officers found Un in a room within reach of the guns.

The couple sought $150,000 due to the damage to their home, which they said could no longer be lived in due to the excessive teargas use and other damage.

Under the case Conway v. County of Tuolumne, the California Court of Appeal found “discretionary act immunity applies to the selection of the means to effectuate an arrest, including the decision to deploy a SWAT team in effectuating an arrest, and the subsequent decision to deploy tear gas.”

“Under Conway, Defendants are immune from liability, and the district court properly granted summary judgment for Defendants on the Jessens’ negligence claim,” the panel wrote.

In a statement for Fresno County, a spokesperson said they are “very pleased with the decision by the Ninth Circuit again confirming that the Sheriff’s Office acted reasonably and in the interest of public safety under all the circumstances.”

[PeteS in CA]

Unsurprisingly, there's more to the story, https://www.fresnobee.com/news/local/article138511453.html

More than four dozen law enforcement vehicles were called to the property at 2191 S. Rolinda Ave., about seven miles west of Fresno, on June 11, 2016, for a five-hour standoff that eventually ended with the arrest of a man with a no-bail warrant and a lengthy criminal history.
...
But Fresno County officials tell a different version. They say a dangerous man with a criminal history broke into the home and nobody knew his intentions, except that he refused to leave and threatened officers.
...
The suspect, Chanly Un, was first discovered at another nearby home in a closet about 2 p.m. by construction workers, according to a Fresno County Sheriff’s Office press release detailing the incident.

The workers were able to get Un to leave, but then they saw him go to a neighboring home and break a window to get inside, and reported it to the Sheriff’s Office. The Jessens weren’t home at the time.
...
Un, now 38, was not identified before he was removed from the home. He has a record of weapons violations and burglary. In this case, he pleaded no contest to burglary and threats in July and is in Salinas Valley State Prison in Soledad. He was sentenced to four years and eight months.

When David Jessen was called by the sheriff’s office, he confirmed there were guns inside the house.

After he arrived, David Jessen tried to open the door to the home with deputies accompanying him. Un re-locked the door and “shouted out that he was armed and if anyone came inside he would shoot them.”

About three hours into the standoff, SWAT officers deployed tear gas in the home to get Un to surrender, but he refused. He also barricaded doors and told deputies not to come in or he would “shoot and kill them,” said a sheriff’s office press release issued later that night.

The Jessens dishonestly omitted some relevant facts in their claims, and slandered the sheriff's officers, saying they had engaged in, "a bizarre, self-indulgent training session". Bleep 'em and the ambulance-chaser-wannabe they rode in on!

[Elderberry]

It do sound a bit excessive.


https://thefreethoughtproject.com/swat-team-destroys-innocent-familys-home-looking-unarmed-homeless-man/

In the lengthy complaint, David Jessen says it all started on June 11, 2016, when sheriff’s officers called him and said his house may have been broken into. He called his wife to tell her, then drove home and found four patrol cars in front of the house and officers scattered around the perimeter. One held a bullhorn and was yelling “come out,” and “hands up.”

The officer told Jessen the man had threatened to shoot anyone who came inside and asked him and his family, who had just arrived, to wait elsewhere. After taking his family to a friend’s house 10 minutes away, Jessen drove back to unload some farm equipment and found law enforcement cars lining the road to his house for a quarter of a mile, plus two ambulances, a fire truck, and two helicopters circling above.

“Bewildered and baffled” at the show of force, Jessen says, he drove away and was passed by a SWAT vehicle and a crisis negotiation motor home heading toward his house.
Several hours later, deputies told him he could go back home. On the way there, Jessen counted at least 55 law enforcement vehicles. After parking and walking to his house, a SWAT officer told him the “operation” was concluded, and a second officer handed him a card and said “‘we have insurance for this.’”

Jessen says he had no idea what the officers meant until he went inside and found his home destroyed. Officers had ripped out the wrought iron doors to their home office and laundry rooms, pulled the office wall off the foundation, teargased six rooms, flash-bombed two of them, shattered a sliding glass door, broken seven windows and destroyed more than 90 feet of fencing with a SWAT vehicle.

[Cyber Liberty]

Lost in the legal crossfire:  Where is this fellow supposed to live, now that his home has been efficiently destroyed?  Did his insurance company pay to fix it?

[Elderberry]

Most policies won't cover in an "Act of War".  What occurred sounds pretty close to that.

[conservativevoter]

Good grief!!  Did this guy get into Nana Pelosi's gourmet ice cream freezer?  OMG!