LOUISVILLE, Ky. — A Federal Appeals Court overturned a decision on May 13 and re-opened the door for a lawsuit against Louisville Metro Government.
Roy Stucker sued the city, claiming Louisville Metro Police (LMPD) wrongfully handcuffed him, his then-girlfriend Courtney Brown-Porter and her then 10-year-old daughter in a police raid in 2019.
According to the suit, a new tenant had hired Stucker to paint a house. While they were there on the job, police raided the house. Officers shattered windows and pointed guns at them, eventually handcuffing them in the front yard.
Documents showed that afterwards, officers had joked about the search, saying it revealed "the old setting up the painters trick."
Investigators later found out the man they were looking for was already in police custody, and the residence was emptied 10 days before the raid documents showed.
In the initial suit, a judge ruled in favor of LMPD.
Now, the Federal Appeals Court sent the case back to the District court, saying the search warrant did not contain enough facts and relied on old information.
According to the documents, the man appeared at the residence twice during the officers' investigation.
However, the circuit judges said the affidavit to search the house didn't have straightforward "facts showing that the residence had been used in drug trafficking" as investigators didn't see the man with drug paraphernalia nor make a deal at the residence.
In a statement, attorney Joshua Rose said he and his clients are pleased with the appeals court's ruling.
"My clients and I are glad the Court of Appeals decided the search warrant lacked probable cause and we look forward to achieving justice in this case," Rose said.
Former Judge Mary Shaw signed the original search warrant; she's the same judge that signed the search warrant that led to the death of Breonna Taylor. Shaw lost her re-election to the bench.
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