Connect with us

Published

on

In June of 2022, law enforcement arrived at a modest home on East Calvert Street in South Bend, Indiana. They threw dozens of tear gas grenades into the house, launched flash-bangs through the front door, smashed windows, destroyed the security cameras, punched holes in the walls, ripped a panel and fan from the bathroom wall and ceiling, ransacked and tossed furniture, snatched curtains down, and broke a mirror and various storage containers. The tear gas bombs left openings in the walls, floors, and ceiling. Shattered glass lay strewn across the interior, and a litany of personal belongingsfrom clothing, beds, and electronics to childhood drawings and family photoswere ruined.

Police had their sights set on a man named John Parnell Thomas, then a fugitive, who is now behind bars. But law enforcement didn’t apprehend Thomas at the residence on East Calvert, as he did not own the home, did not have any relationship with its owners, and had never been there.

The actual owner, Amy Hadley, was not a suspect in law enforcement’s investigation. She was, in some sense, punished anyway, as the government left her to pick up the tab after officers dismantled and wrecked much of her home.

A faulty investigation led police to Hadley’s house. An officer with St. Joseph County attempted to locate Thomas via Facebook, concluding erroneously that he was accessing social media from the IP address tied to the Hadley residence.

He was not.

On June 10, 2022, upon surrounding the house, police ordered those inside to exit. Hadley’s son, Noahwho was 15 years old at the timewas the only one home; he came out with his hands up as instructed. Police immediately conceded on the body camera footage that he was not who they were looking for. They placed him in double handcuffs, put him in a caged squad car, and took him to the police station anyway.

A neighbor called Hadley to let her know something dire appeared to be happening outside her home, prompting her to return to the residence. She told law enforcement that Thomas was not inside and that her security cameras, which would be destroyed soon after, would have alerted her if a stranger had forced his way in. A South Bend SWAT team, along with backup from the St. Joseph Police Department, proceeded forthwith. Over 30 officers were dispatched to Hadley’s home.

The result forced Hadley and her son to sleep in her car for several nights as the toxic fumes lingered, while her daughter, Kayla, stayed elsewhere until the space was safe to live in again.

Hadley, who is employed as a medical assistant, does not dispute that police had a valid warrant and a right to search her property. What she does dispute, however, is that the government can leave her to shoulder the financial burden of their mistake. After contacting the South Bend Police Department, the St. Joseph County Police Department, and St. Joseph County, she received a mixture of demurrals and radio silence, according to a lawsuit recently filed in the St. Joseph County Circuit Court.

A year and a half post-raid, those agencies have paid her nothing. Her home insurance helped her in part but declined to pay the full amount, which totaled at least $16,000 in damages, per her suit, leaving her thousands of dollars in the hole.

It’s not the first time the government has destroyed an innocent person’s property and left them to pick up the pieces, both literally and figuratively. Hadley’s experience once again requires that we answer the following: When law enforcement wrecks someone’s house or business in pursuit of public safety, who should bear the cost?

Carlos Pena, a small business owner in Southern California, recently filed a suit that probes the same question, although his attorneys say the answer is clear. In August 2022, about two months after the raid on Hadley’s house, a Los Angeles SWAT team threw over 30 tear gas canisters into Pena’s print shop while attempting to catch a fugitive who had forcefully ejected Pena and barricaded himself inside. His inventory and most of his equipment were ruined, costing him about $60,000 in damages and thousands in revenue from lost clients. After building his business, NoHo Printing & Graphics, for over three decades, he now operates at a much-constrained capacity out of his garage.

Like many policies, Pena’s insurance told him they were not responsible for damage caused by the government. But Los Angeles has, at different times, ignored him or told him they are not liable, according to his lawsuit , which was filed in July in the U.S. District Court for the Central District of California.

Whether or not such victims are entitled to relief comes down to the Takings Clause of the Fifth Amendment, which promises that people are entitled to “just compensation” when their property is usurped, or in this case destroyed, for public use. But various jurisdictions have been able to dance around that thanks to some federal jurisprudence which has held that actions taken under “police powers” are exempt from the pledge in the Takings Clause. “Apprehending a dangerous fugitive is in the public interest, and ‘in all fairness and justice,’ the cost of apprehending such fugitives should be borne by the public as a whole,” says Hadley’s suit, “not by an unlucky and innocent property owner whose property is put to a public use to serve the public’s interest.”

Another plaintiff, Vicki Baker, sued the city of McKinney, Texas, in 2021 after a local SWAT team caused tens of thousands of dollars in damage to her home and rendered her daughter’s dog deaf and blind. Again, a fugitive had barricaded himself inside; again, Baker was not suspected of any criminal wrongdoing; again, her insurance declined to pay. When she sought assistance from the government, they told her they weren’t liable and that she didn’t meet the definition of a “victim.” “I’ve lost everything,” Baker, in her 70s and struggling with cancer, told me shortly after filing her suit .

Following a lengthy court battle, a federal judge allowed her to proceed before a jury, characterizing the law that threatened to block her suit as “untenable.” That jury awarded her about $60,000 in June 2022. And then in October of this year, the U.S. Court of Appeals for the 5th Circuit reversed that, somewhat begrudgingly, ruling that current precedent foreclosed relief on the basis that police acted by “necessity during an active emergency.”

“For future victims, [this] would mean that you’re probably out of luck under the federal Constitution from the 5th Circuit, unless this case gets reversed,” Jeffrey Redfern, an attorney for the Institute for Justice which represents Baker, told me in October. “It’s a pretty big deal.” Fortunately for Baker, he added, the jury’s award should survive under the Texas Constitution, as opposed to the U.S. Constitutionalthough she only got that judgment after government stonewalling and a protracted court battle, which not everyone has the time and resources to finish.

As for Hadley, it remains unclear if she will receive compensation after the government acted on its error-prone investigation and left her home a shell of what it once was. But one thing is almost certain: There will be more innocent people like her in the future whose lives are upended by the state, only to be told that’s just their tough luck.

Continue Reading

US

Donald Trump threatens to revoke Rosie O’Donnell’s US citizenship

Published

on

By

Donald Trump threatens to revoke Rosie O'Donnell's US citizenship

Donald Trump has said he is considering “taking away” the US citizenship of actress and comedian Rosie O’Donnell, despite a Supreme Court ruling that expressly prohibits a government from doing so.

In a post on Truth Social on Saturday, the US president said: “Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship.”

He also labelled O’Donnell, who has moved to Ireland, as a “threat to humanity” and said she should “remain in the wonderful country of Ireland, if they want her”.

O’Donnell responded on Instagram by posting a photograph of Mr Trump with Jeffrey Epstein.

“You are everything that is wrong with America and I’m everything you hate about what’s still right with it,” she wrote in the caption.

“I’m not yours to silence. I never was.”

Rosie O'Donnell arrives at the ELLE Women in Hollywood celebration on Tuesday, Nov. 19, 2024, in Los Angeles. (Photo by Jordan Strauss/Invision/AP)
Image:
Rosie O’Donnell moved to Ireland after Donald Trump secured a second term. Pic: AP

O’Donnell moved to Ireland with her 12-year-old son in January after Mr Trump had secured a second term.

She has said she’s in the process of obtaining Irish citizenship based on family lineage and that she would only return to the US “when it is safe for all citizens to have equal rights there in America”.

O’Donnell and the US president have criticised each other publicly for years, in an often-bitter back-and-forth that predates Mr Trump’s move into politics.

Please use Chrome browser for a more accessible video player

Will Trump address parliament on UK state visit?

This is just the latest threat by the president to revoke the citizenship of someone he has disagreed with, most recently his former ally Elon Musk.

But the two situations are different as while Musk was born in South Africa, O’Donnell was born in the US and has a constitutional right to American citizenship.

Read more from Sky News:
Kate’s ’emotional’ words for tearful tennis star
Music festival cancelled as headliner pulls out

Amanda Frost, a law professor at the University of Virginia School of Law, said the Supreme Court ruled in a 1967 case that the fourteenth amendment of the constitution prevents the government from taking away citizenship.

“The president has no authority to take away the citizenship of a native-born US citizen,” he added.

“In short, we are nation founded on the principle that the people choose the government; the government cannot choose the people.”

Continue Reading

UK

Justice system ‘frustrating’, Met Police chief says – as he admits London’s ‘shameful’ racism challenge

Published

on

By

Justice system 'frustrating', Met Police chief says - as he admits London's 'shameful' racism challenge

It is “shameful” that black boys growing up in London are “far more likely” to die than white boys, Metropolitan Police chief Sir Mark Rowley has told Sky News.

In a wide-ranging interview with Sunday Morning with Trevor Phillips, the commissioner said that relations with minority communities are “difficult for us”, while also speaking about the state of the justice system and the size of the police force.

Sir Mark, who came out of retirement to become head of the UK’s largest police force in 2022, said: “We can’t pretend otherwise that we’ve got a history between policing and black communities where policing has got a lot wrong.

“And we get a lot more right today, but we do still make mistakes. That’s not in doubt. I’m being as relentless in that as it can be.”

He said the “vast majority” of the force are “good people”.

However, he added: “But that legacy, combined with the tragedy that some of this crime falls most heavily in black communities, that creates a real problem because the legacy creates concern.”

Sir Mark, who also leads the UK’s counter-terrorism policing, said black boys growing up in London “are far more likely to be dead by the time they’re 18” than white boys.

“That’s, I think, shameful for the city,” he admitted.

“The challenge for us is, as we reach in to tackle those issues, that confrontation that comes from that reaching in, whether it’s stop and search on the streets or the sort of operations you seek.

“The danger is that’s landing in an environment with less trust.

“And that makes it even harder. But the people who win out of that [are] all of the criminals.”

Met Police Commissioner Sir Mark Rowley said racism is still an issue in the force
Image:
Met Police Commissioner Sir Mark Rowley

The commissioner added: “I’m so determined to find a way to get past this because if policing in black communities can find a way to confront these issues, together we can give black boys growing up in London equal life chances to white boys, which is not what we’re seeing at the moment.

“And it’s not simply about policing, is it?”

Sir Mark said: “I think black boys are several times more likely to be excluded from school, for example, than white boys.

“And there are multiple issues layered on top of each other that feed into disproportionality.”

‘We’re stretched, but there’s hope and determination’

Sir Mark said the Met is a “stretched service” but people who call 999 can expect an officer to attend.

“If you are in the middle of a crisis and something awful is happening and you dial 999, officers will get there really quickly,” Sir Mark said.

“I don’t pretend we’re not a stretched service.

“We are smaller than I think we ought to be, but I don’t want to give a sort of message of a lack of hope or a lack of determination.”

“I’ve seen the mayor and the home secretary fighting hard for police resourcing,” he added.

“It’s not what I’d want it to be, but it’s better than it might be without their efforts.”

Please use Chrome browser for a more accessible video player

How police tracked and chased suspected phone thief

‘Close to broken’ justice system facing ‘awful’ delays

Sir Mark said the criminal justice system was “close to broken” and can be “frustrating” for police officers.

“The thing that is frustrating is that the system – and no system can be perfect – but when the system hasn’t managed to turn that person’s life around and get them on the straight and narrow, and it just becomes a revolving door,” he said.

“When that happens, of course that’s frustrating for officers.

“So the more successful prisons and probation can be in terms of getting people onto a law-abiding life from the path they’re on, the better.

“But that is a real challenge. I mean, we’re talking just after Sir Brian Leveson put his report out about the close-to-broken criminal justice system.

“And it’s absolutely vital that those repairs and reforms that he’s talking about happen really quickly, because the system is now so stressed.”

Giving an example, the police commissioner went on: “We’ve got Snaresbrook [Crown Court] in London – it’s now got more than 100 cases listed for 2029.”

Sir Mark asked Trevor Phillips to imagine he had been the victim of a crime, saying: “We’ve caught the person, we’ve charged him, ‘great news, Mr Phillips, we’ve got him charged, they’re going to court’.

“And then a few weeks later, I see the trial’s listed for 2029. That doesn’t feel great, does it?”

Asked about the fact that suspects could still be on the streets for years before going to trial, Sir Mark conceded it’s “pretty awful”.

He added: “If it’s someone on bail, who might have stolen your phone or whatever, and they’re going in for a criminal court trial, that could be four years away. And that’s pretty unacceptable, isn’t it?”

Please use Chrome browser for a more accessible video player

Leveson explains plans to fix justice system

Challenge to reform the Met

The Met chief’s comments come two years after an official report found the force is institutionally racist, misogynistic and homophobic.

Baroness Casey was commissioned in 2021 to look into the Met Police after serving police officer Wayne Couzens abducted, raped and murdered Sarah Everard.

She pinned the primary blame for the Met’s culture on its past leadership and found stop and search and the use of force against black people was excessive.

At the time, Sir Mark, who had been commissioner for six months when the report was published, said he would not use the labels of institutionally racist, institutionally misogynistic and institutionally homophobic, which Baroness Casey insisted the Met deserved.

However, London Mayor Sadiq Khan, who helped hire Sir Mark – and could fire him – made it clear the commissioner agreed with Baroness Casey’s verdict.

A few months after the report, Sir Mark launched a two-year £366m plan to overhaul the Met, including increased emphasis on neighbourhood policing to rebuild public trust and plans to recruit 500 more community support officers and an extra 565 people to work with teams investigating domestic violence, sexual offences and child sexual abuse and exploitation.

Continue Reading

UK

UK measles cases rising among children – with leading NHS hospital ‘concerned’

Published

on

By

UK measles cases rising among children - with leading NHS hospital 'concerned'

A leading NHS hospital has warned measles is on the rise among children in the UK, after treating 17 cases since June.

Alder Hey Children’s Hospital in Liverpool said it is “concerned” about the increasing number of children and young people who are contracting the highly contagious virus.

It said the cases it has treated since June were for effects and complications of the disease, which, in rare cases, can be fatal if left untreated.

“We are concerned about the increasing number of children and young people who are contracting measles. Measles is a highly contagious viral illness which can cause children to be seriously unwell, requiring hospital treatment, and in rare cases, death,” the hospital said in a statement to Sky News.

In a separate open letter to parents and carers in Merseyside earlier this month, Alder Hey, along with the UK Health and Security Agency (UKHSA) and directors of Public Health for Liverpool, Sefton and Knowsley, warned the increase in measles in the region could be down to fewer people getting vaccinated.

The letter read: “We are seeing more cases of measles in our children and young people because fewer people are having the MMR vaccine, which protects against measles and two other viruses called mumps and rubella.

“Children in hospital, who are very poorly for another reason, are at higher risk of catching the virus.”

What are the symptoms of measles?

The first symptoms of measles include:

• A high temperature

• A runny or blocked nose

• Sneezing

• A cough

• Red, sore or watery eyes

Cold-like symptoms are followed a few days later by a rash, which starts on the face and behind the ears, before it spreads.

The spots are usually raised and can join together to form blotchy patches which are not usually itchy.

Some people may get small spots in their mouth too.

What should you do if you think your child has measles?

Ask for an urgent GP appointment or call 111 if you think your child has measles.

If your child has been vaccinated, it is very unlikely they have measles.

You should not go to the doctor without calling ahead, as measles is very infectious.

If your child is diagnosed with measles by a doctor, make sure they avoid close contact with babies and anyone who is pregnant or has a weakened immune system.

The skin of a patient after 3 days of measles infection
Image:
The skin of a patient after three days of measles infection

It comes after a Royal College of Paediatrics and Child Health (RCPCH) report released earlier this month determined that uptake of vaccines in the UK has stalled over the last decade and is, in many cases, declining.

It said none of the routine childhood vaccinations have met the 95% coverage target since 2021, putting youngsters at risk of measles, meningitis and whooping cough.

The MMR vaccine has been available through the NHS for years. Two doses gives lifelong protection against measles, mumps and rubella.

File photo of a MMR vaccine
Image:
Two doses of the MMR vaccine give lifelong protection against measles, mumps and rubella. Pic: iStock

According to the latest NHS data, Liverpool was one of the cities outside London with the lowest uptake of the MMR vaccination in 2023-2024.

By the time children were five years old, 86.5% had been give one dose, decreasing to 73.4% for a second dose.

The RCPCH report put the nationwide decline down to fears over vaccinations, as well as families having trouble booking appointments and a lack of continuous care in the NHS, with many seeing a different GP on each visit.

Read more from Sky News:
Met Police chief on London’s ‘shameful’ racism challenge
‘My voice box was removed after NHS missed cancer’

In the US, measles cases are at their highest in more than three decades.

Cases reached 1,288 on Wednesday this week, according to the US Centres for Disease Control and Prevention, with 14 states battling active outbreaks.

The largest outbreak started five months ago in communities in West Texas, where vaccination uptake is low. Since then, three people have died – including two children in Texas and an adult in New Mexico – with dozens more in hospital.

Continue Reading

Trending