x
Breaking News
More () »

Ferguson family files lawsuit, accusing SWAT team of violating their rights during mistaken raid

The family is suing for damages over force, detention, use of SWAT without constitutional justification, liability and violation of the Sunshine Act.

FERGUSON, Mo. — A federal lawsuit filed last week accuses a St. Louis County SWAT team of violating the rights of a Ferguson family after a search warrant was served at the family’s home last May.

Lindell Briscoe and Brittany Shamily are suing for damages over force, detention, use of SWAT without constitutional justification, Monell liability and violation of the Sunshine Act.

Attorney's Bevis Schock and Erich Veith are representing Briscoe, Shamily and their five children, who are all minors. They're suing St. Louis County and the detective who ordered the raid.

The attorneys provided 5 On Your Side with body camera footage they obtained through a records request, showing the moment St. Louis County Police conducted a SWAT raid in Ferguson on Wylin Court on May 26, 2023.

SWAT officers shouted: "St. Louis County Police with a search warrant, come to the front door. Do it now."

"They shouted, the shouting lasted about 20 seconds, the lady was in her house in her underwear, she had the baby in the back. She didn't really have time to react to the door, partially because she wasn't dressed, they come with the battering ram. And all these huge guns pointed," Schock said.

Police say hours before the raid a group of six people carjacked someone in south St. Louis, and a witness told police Apple Airpods were in the car.

Police used the "Find My" application, and traced the Airpods to the family's home.

The lawsuit says police had the wrong house, and the Airpods were later found in the street, not inside the home.

"We think the public needs to be aware of how much SWAT is used. What are the circumstances that justify it?" Schock said.

Once inside, SWAT officers demanded Brittany go outside. It took nearly 4 minutes for one of the officers to bring her crying, then-3-month-old baby outside to her.

Brittany's husband was in his work truck with two of the children at home. The lawsuit says officers also pointed large guns at him.

"You can't do every interaction with the police with a SWAT team, that's not fair or reasonable to the public," Schock said.

Schock wants the case tried.

"If we try it, we'll hear the evidence. What's going on with the SWAT teams? Are we going to tolerate this in our community or not?," Schock said.

5 On Your Side reached out to St. Louis County Police for comment and they responded that they were not able to comment on pending litigation.

Additionally, the lawsuit said the county told the family they would fix their front door and basement drywall damage but never did. 

The landlord has since made the fixes and the family has relocated to another home.

The family's attorneys said they have sent over paperwork to the St. Louis County Counselor's Office, to which they will have to file an answer within 30 days.

Before You Leave, Check This Out