Federal Judge Lets Stand a 4th Amendment Claim in Blanding Raid Suit

October 17, 2014

fed courtSALT LAKE CITY — A federal judge while dismissing most of a wrongful death lawsuit filed by the widow of a Blanding doctor who killed himself after being arrested in an American Indian artifacts trafficking sting, refused to toss out a claim that the BLM used excessive forces in the 2009 Raid. In his ruling, Thursday, U.S. District Judge Robert J. Shelby declined to toss out an excessive force claim stemming from the use of 140 federal agents, some heavily armed, to raid James D. Redd’s home in June 2009. Shelby found that given the nonviolent nature of the alleged crime, lack of a threat to officers’ safety and absence of any resistance to arrest, sending that many agents to collect 112 boxes of evidence violated Redd’s Fourth Amendment rights.

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