Settling for Misconduct
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Case 14-CV-3139

$43,503

ILLEGAL SEARCH/SEIZURE

Home invasion Plainclothes Pets Damage to property Threats/intimidation Illegal search/seizure False arrest or report Physical force Gun

Plaintiff: Carlos Tosado

Incident date: 11/21/2013

Location: 3969 W. Barry Ave.

Allegations:

Erendida Tosado and her two adult children were at home in the 3900 block of West Barry Street, when officers wearing masks rammed their front door open. The officers had a warrant for a white male named "Tommy" for possession of marijuana. No one by that name had ever lived at the plaintiffs' home or had any connection to them. Janelle Tosado was behind the front door when officers broke it down, and she was pinned to the ground by it. As officers entered the home they pointed guns at the plaintiffs. Because they were not in patrol uniforms and wearing masks, Erendida Tosado and Carlos Tosado first thought officers were criminals invading their home. Officers then searched the plaintiff's home, garage and car, damaged their property and kicked the family dog even after realizing Tommy didn't live there. The officers eventually left without filing charges or issuing any citations to the plaintiffs. On their way out, officers threatened to return and arrest Carlos Tosado if the plaintiffs filed a complaint about what had happened.

Additional plaintiffs:
  • Erendida Tosado
  • Janelle Tosado

FEDERICO ANDAVERDE

SERGEANT OF POLICE

253022780
$178,107 total payments

BANEOND CHINCHILLA

POLICE OFFICER

944526934
$63,503 total payments

JAMES ECHOLS

POLICE OFFICER

1232922567
$78,503 total payments