My mother wants to sue the police? Is it possible?

Q: Yesterday at 6am the police knocked on our door with a warrant of arrest for someone we have never heard of but put our address. They requested to search the house but my mother had told them no because no one in the house was dressed appropriately at the moment. They forcefully pushed the door and pushed my mother who is disabled and started going through our closets and house. We were threatened to be arrested because we were resisting a search. I was threatened for stating my rights to the cop and he told me he would arrest me. My mom stood in her doorway and the cop pushed her to the floor. She called 911 and the woman told her they did an illegal search and helped her file a complaint. My mom wants to sue. There is more to the story but I don't have enough space. When they had pushed the door in my mother did request their badge numbers they refused to give them to her. I ended up having to dress quickly before they reached the back of the house. And when I stepped out my room I was accused of harboring someone I didnt even know. The police officer even said to me for all he knows I could be the person on the paper. I asked him would he like to see my ID and he said no. I know looking for someone is important but is a warrant for an arrest being able to replace a search warrant?


A: You may have a potential claim, and thus as a first order of business I'd suggest to file a complaint with the Civilian Complaint Review Board. You may also wish to request a copy of the warrant, if you weren't provided with same. If the address was wrong, the police can only be held responsible on a theory of negligence, so facts will need to be developed as to how they came up with the wrong address.  -- David Bliven, Bronx Civil Rights lawyer (www.blivenlaw.net)