Woman Sues Sheriff’S Office, Says She Was Injured In Police Raid At Son’S Birmingham Home

[bobandtorey]

PONTIAC >> A 69-year-old woman has filed a lawsuit against Oakland County and its Sheriff’s Office, accusing Narcotics Enforcement Team (NET) members of “violently handl(ing) and treat(ing)” her one year ago.

 

 

Oakland County Undersheriff Mike McCabe called the lawsuit “frivolous” and said Haney’s attorney “tried to blackmail us” before filing the suit.

 

 

Mary Ann Haney filed the suit — which also names the Birmingham Police Department, City of Birmingham and seven deputies and officers as defendants — last week in Oakland County Circuit Court. Her attorney is Michael Zavier.

 

 

Haney went to visit her son, Bryant Wesley Haney, at his home in the 900 block of Smith Street in Birmingham on March 7, 2013. There, she encountered NET officers who were conducting a search warrant on the home after Haney “sold marijuana to a cooperating individual on two separate occasions,” according to the Sheriff’s Office.

 

 

“Upon being detained, (Haney) was violently handled and treated by defendants and inappropriately handcuffed, which included lifting (Haney) up, while continuously tightening the handcuffs,” the lawsuit states.

 

 

“Defendants mocked (Haney), telling her to ‘shut up or they would tighten the handcuffs,’ and laughed at (Haney) while she screamed in pain, tightening the handcuffs twice more because of her screaming.”

 

 

NET investigators seized 244.7 grams (about half a pound) of marijuana, along with packaging material, a digital scale and documents, from the home. Bryant Haney, now 30, was arrested and ultimately pleaded no contest to delivery or manufacture of marijuana. In January, he received a delayed sentence which will be imposed in December.

 

 

The lawsuit claims that Mary Haney’s Fourth Amendment rights against unwarranted search and seizure were violated.

 

 

Haney suffered rotator cuff tears in both arms and requires continuing medical care and physical therapy for the injuries, the lawsuit states.

 

 

“I’m a little surprised this attorney filed this lawsuit because he knows all the facts of the case,” McCabe said.

 

 

“He knows that his client should have been arrested and lodged in the jail for obstruction, but the deputies basically felt sorry for her because her son was arrested. Her son was convicted. He’s a drug dealer.”

 

 

McCabe said Mary Haney was handcuffed at the scene “for her own safety because she was out of control.”

 

 

“This is what happens when you try to be nice — a frivolous lawsuit filed by an attorney just trying to make a score.”

 

 

Before the lawsuit was filed, Mary Haney’s attorney contacted the NET team and “told them we should try to look at an alternative resolution to this so he doesn’t have to file a lawsuit,” McCabe said. “He tried to blackmail us is what he tried to do, and when his blackmail didn’t work, he filed the lawsuit.”

 

 

Zavier did not return a phone call seeking comment.

 

 

Birmingham Police Cmdr. Terry Kiernan said the procedure was a NET action and, while Birmingham officers were present, they were not involved.

 

 

Haney seeks a judgment in excess of $25,000. The case has been assigned to Oakland County Circuit Judge Martha Anderson.

 

http://www.theoaklandpress.com/general-news/20140312/woman-sues-sheriffs-office-says-she-was-injured-in-police-raid-at-sons-birmingham-home

 

 

ABOUT THE AUTHOR

 

[t-pain]

mccabe sounds like a class act.

[bobandtorey]

while Birmingham officers were present, they were not involved ? they where just standing around getting paid i guess 

[Wild Bill]

 

“Upon being detained, (Haney) was violently handled and treated by defendants and inappropriately handcuffed, which included lifting (Haney) up, while continuously tightening the handcuffs,” the lawsuit states.

 

“Defendants mocked (Haney), telling her to ‘shut up or they would tighten the handcuffs,’ and laughed at (Haney) while she screamed in pain, tightening the handcuffs twice more because of her screaming.”

 

Haney suffered rotator cuff tears in both arms and requires continuing medical care and physical therapy for the injuries, the lawsuit states.

 

 

“This is what happens when you try to be nice — a frivolous lawsuit filed by an attorney just trying to make a score.”

 

Wow! I'd hate to see what they do when they're not being nice.

[+Malamute]

That is quite the accusation of "bribery".

 

As a cop you don't go makng those kind of statements. Especially when it seems the attorney was simply seeking to resolve medical bills.

[+Malamute]

Also, I find it interesting the police feel abuse is ok as long as they make the arrest. Once that happens, you can physically harm people.

[trichcycler]

blackmail, actually. Like when a cop says tell me the names of a couple of your buddies or else we'll take you in and charge you big time...

[+Malamute]

Ahh yea.... hmm,.. not sure why I even type bribery. :-)

 

Thanks.

 

 Brain fart I guess. :-D

[trichcycler]

somehow the two are related, like the opposite sides of a coin maybe. you're not too far off I'd say.

 

peace

[Wild Bill]

Also, I find it interesting the police feel abuse is ok as long as they make the arrest. Once that happens, you can physically harm people.

 

That's right, if they beat you up bad enough to leave bruises they have to charge you with resisting arrest.

 

[t-pain]

remember, even if there are good cops, they sure are protecting the bad ones who continue to abuse old women.

 

not even the drug dealers beat up old women. whats going on??

[bobandtorey]

Thanks 

 

whats going on is as we all know is the War on Cannabis users and  also the sick and old IMHO their will be no winners here and even if the Law suit stands it will be years of appeals because Oakland County is the richest County in the U.S.A or one of the richest

 

Maybe they could put some of the $$$ to fix the roads Na why would they