Lawsuit filed vs Detroit police officers for raid of Warren marijuana business

A new lawsuit names several Detroit police officers claiming they broke into a legal marijuana growing operation.

It says police tore up the Warren home of Timothy Davis and his wife, Hatema, on Rubin Street and stole several plants on Dec. 28.

They say they were startled and frightened when masked men ran inside their house armed with guns.

"They had AK 47s; they had assault rifles. They ordered my client and his wife on the floor," said Michael Dezsi, the family's attorney. "They were demanding to know if they had any money."

Dezsi says the Davis' had a legitimate medical marijuana growing operation. They soon learned this was a raid performed by Detroit police, but their home is in Warren. 

The Davis' and their attorney are asking why Detroit police stormed the house in Warren, and not Warren police.

"My client was licensed," Dezsi said. "He was compliant with the law; they removed all of his plants. He wasn't given any return of any search warrant. 

"He wasn't given any list. To this day he was not charged with any crime. We have no idea why the narcotics unit was from Detroit in Warren, we don't know why they removed these items. 

"They also took him to what appeared to be an abandoned building. 

"They held him for almost five hours, they questioned him extensively and they let him go."

Dezsi filed a civil lawsuit in federal court accusing Detroit's Narcotics Division of conducting an illegal search without a warrant. And also, for illegally seizing what he says is legitimate business property. 

"What you have here is a certain segment of the police department out: terrorizing legitimate business owners in the community," Dezsi said.

Detroit Police said due to open litigation they cannot comment. One of the officers named in the lawsuit participating in the Dec 28 raid is James Napier, who died on Jan. 22.

"What I can tell you is that Mr. Napier was part of this raid on his home," Dezsi said.

The other officers working narcotics at the time have been suspended with pay. 

Detroit police should have notified Warren police if they were planning a raid in Warren, but Warren police tell FOX 2 they got no advance notice prior to the raid.  

The Detroit Police Officers Association released a statement, signed by Mark Diaz, the president of the officers' union.

"Allegations are simply that - allegations. These officers have outstanding work records. People who deal with drugs are notorious for falsely accusing police officers of wrongdoing. 

Let's not overreact, justice will prevail."

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