Man sues Metro over apartment search

Wednesday, Aug. 16, 2000 | 10:58 a.m.

Three Metro Police officers burst into the wrong apartment and forced the occupant at gunpoint to the floor before handcuffing him and searching his home, according to a federal lawsuit filed Tuesday.

Carlos A. Bennett is seeking $135,000 in damages from the officers, the police deaprtment and Sheriff Jerry Keller, according to the lawsuit. Bennett alleges his civil rights were violated and the officers committed assault, battery, false imprisonment, trespass and invasion of privacy.

The lawsuit also alleges Metro has shown a pattern "of similar incidents of misconduct against persons of the Hispanic community." The department has also failed to properly investigate such incidents, Bennett alleges in the lawsuit.

Bennett was asleep inside his apartment at 2200 N. Rainbow Blvd. on March 10, 1999, at 4:30 p.m. when he awoke to a knock on the door. Three officers rushed him when he opened the door and forced him to the floor at gunpoint, the lawsuit alleges.

Bennett was handcuffed and forced to sit naked on the floor as officers searched his home and questioned him about the location of weapons. The officers found nothing, then realized they had meant to search the apartment next door, according to the lawsuit.

A Metro spokesman declined to comment on the lawsuit Wednesday.

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