Elderly Denver Resident Awarded $3.8 Million After Improper SWAT Raid on Her Home – Sky Bulletin

In a landmark case highlighting police accountability, a Denver jury has awarded Ruby Johnson, a 78-year-old woman, a $3.76 million settlement following an erroneous SWAT team search of her residence. This case is noteworthy as it puts into practice a new Colorado statute permitting individuals to pursue legal action against police officers for state constitutional rights violations.

The verdict, which was delivered late Friday and announced by the American Civil Liberties Union of Colorado on Monday, resulted from a lawsuit where Johnson’s home was mistakenly targeted in a hunt for a stolen vehicle. The vehicle’s owner had provided a location to police based on an iPhone’s Find My app output, which was inaccurately represented as being at Johnson’s residence by law enforcement officials when seeking a search warrant.

Johnson, a grandmother and retired postal service worker, was caught in a disturbing circumstance on January 4, 2022. Fresh from the shower and clad in only a bathrobe, she faced a daunting scene of military-geared authorities, an armored vehicle, and a police canine while she was instructed to exit her house.

The warrant was inappropriately issued by Detective Gary Staab who failed to clarify the uncertainty associated with the location information provided by the tracking app. Sgt. Gregory Buschy, who approved the warrant, along with Staab, did not comment on the outcome while the Denver Police Department abstained from commenting as it was not a party to the lawsuit.

Triggered by nationwide calls for police reform after George Floyd’s death, Colorado’s legislature enacted a bill in 2020 that eased the process of suing police officers in state court over state constitutional rights breaches. This development circumvents the federal court path, which has been increasingly challenging due to qualified immunity—a doctrine that protects government officials from litigation tied to their professional conduct.

During the raid, officers caused physical damage to Johnson’s property including breaking through the garage with a ram, destroying attic tiles, damaging furniture, and a personalized doll. Beyond the tangible destruction, the psychological toll on Johnson was profound, affecting her sense of security, health, and ultimately leading to her relocation to a new community.

The focus of the lawsuit was not on racial elements, despite Johnson being African American. Instead, the emotional and psychological scars that the improper raid left on Johnson were key points addressed in the case, according to the ACLU of Colorado.

What led to the mistaken SWAT raid on Ruby Johnson’s home?

The police acted on the information from a stolen truck’s owner who used the Find My app and tracked what they thought was the location of their missing property to Johnson’s home. Law enforcement officials did not account for the app’s imprecision when obtaining the search warrant.

How is the new Colorado law different from the previous mechanism for police accountability?

Prior to the enactment of the new law, individuals could only sue police officers in federal court, a challenging endeavor often hindered by qualified immunity. The Colorado law allows for suing police for state constitutional rights violations directly in state court, arguably making it easier to hold officers personally accountable.

Was the Denver Police Department sued in this case?

No, the lawsuit was against individual officers involved in obtaining and executing the wrongful search warrant, not against the Denver Police Department itself.

Did race play a role in this case?

The lawsuit did not claim that race was a factor in the mistaken raid. The emotional and psychological harm inflicted on Johnson was the primary focus of the lawsuit.

The $3.8 million verdict for Ruby Johnson is a pivotal moment in highlighting the need for police accountability and the repercussions of wrongful police actions. It serves as a precedent for future cases where state constitutional rights are violated and demonstrates the impact of legislative reform designed to protect individual rights against misconduct. Despite the monetary award, the focus remains on the significant emotional and psychological effects such incidents have on individuals and communities, and the continued pursuit of justice and systemic change.