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|FIRST ON WGIL: Lawsuit Claims Unlawful Search by Galesburg Police
|FIRST REPORTED 3:00pm, UPDATED 4:03pm 9/16/09 Two Galesburg residents, one of whom is imprisoned, claim their rights were violated by what they claim was an illegal search of a home they were in last year.
Anthony Agans and Kandi Tucker filed a lawsuit in U.S. District Court in Peoria August third against the City of Galesburg, and Police Officers Daniel Williams, Patrick Kisler, Chris Howard, and Brian Anderson, seeking $35,000 apiece per defendant in compensatory and punitive damages.
Agans and Tucker claim in the suit that Galesburg Police showed up at a home in the 600 block of Day Street around 8:00am on February 23rd of 2008, seeking to search the home for an allegedly stolen motorcycle.
Tucker claims in the suit she said no and not without a search warrant. The two claim officers "conspired" to contact a key holder of the home, who then arrived at the scene and unlocked the back door, at which time Williams allegedly, "pushed his way into the home" and arrested Tucker, who again declined permission to search the home.
They claim a Howard ordered so-called "protective sweap [sic]" of the home commenced. The two were later arrested and, Agans and Tucker claim, they were held for questioning, "without food or water for in excess of seven hours."
The two faced several felony methamphetamine-related charges in the case, all of which, court records indicate, were later dismissed, and both claim they've lose their jobs, their respect, and their liberty.
Agans is current serving a five-year sentence at the Henry Hill prison after pleading guilty last December in two cases to felony methamphetamine and aggravated fleeing and eluding charges, while Tucker reportedly remains unemployed.
A spokesperson for the City of Galesburg says the city can't comment on the lawsuit, because they have not received official notice of the suit.
|09 17 09 by Newsroom
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