The Los Angeles Police Department "maliciously" raided an X-ray and imaging clinic in North Hollywood, erroneously thinking it was an illicit marijuana grow site, destroying an MRI machine in the process, according to a lawsuit filed in California federal court.
OG Article: here
View our Fair Use Policy: here
Watch the Commentary Here
LAPD narcotics officer Kenneth Franco looked at NoHo Diagnostic Center's "significantly higher" power usage, tinted windows and security cameras and determined those were telltale signs of an illegal cannabis cultivation operation, the suit filed Wednesday said.
But Franco was "reaching," the suit said. In reality, the facility operates heavy medical equipment, which explains why it would use more power than the neighboring flower and chocolate shops, the suit said. Opaque windows make sense for a location seeking to protect patient privacy and outdoor cameras are common at many businesses.
Still, Franco secured a search warrant and raided the clinic on Oct. 18, 2023, detaining the lone employee on call and "carelessly" damaging the MRI machine in the process, the suit said.
"The actions described were intentional, wanton, malicious, oppressive, and without fear of the legal consequences for their constitutional misconduct, thus entitling plaintiffs to an award of punitive and compensatory damages," the suit said. "The extensive damage to plaintiffs' property was neither accidental nor incidental to the effective execution of the search warrant, but rather the result of an unreasonable and/or recklessly indifferent LAPD officer."
The suit seeks damages for violation of the Fourth Amendment. It names as defendants the city of Los Angeles; the police department; the former police chief, Michel Moore; and officer Franco, explicitly saying he intentionally made false statements to a magistrate judge in order to secure a search warrant.
The lawsuit claims Franco watched the clinic on multiple occasions and reported picking up the odor of "live cannabis plant," not smoked, emanating from the area.
Franco discovered that the "target premises" was a medical diagnostic center, but it did not have a cultivation license, the suit said. That, and all of the other bits of information he gleaned from looking at the building, was enough for Franco to seek a search warrant. Franco has been a police officer for 15 years and apparently has had 12 hours' worth of narcotics training.
On the day of the raid, officers searched every room in the building and did not find anything illegal, the suit said. But one of the officers did walk into the room that housed the MRI machine, despite the warning signs about the powerful magnetic field. The MRI pulled a rifle the officer was dangling in his right hand, "securing it to the machine."
"Rather than seeking assistance from the on-site employee, or waiting for the manager's arrival, one of the LAPD officers made the unilateral decision to break the seal and activate the emergency shutdown button, deactivating the MRI machine," the suit said.
This button wasn't meant to be used unless a life was in danger, the suit implied.
"This action caused the MRI's magnet to rapidly lose superconductivity, leading to the evaporation of approximately 2,000 liters of helium gas and resulting in extensive damage to the MRI machine."
Counsel for the clinic and representatives for the LAPD didn't immediately respond to a request for comment Monday.
NoHo Diagnostic Center is represented by Hayk Yeghoyan of YMPK Law Group LLP.
Counsel information for the city and police department wasn't immediately available Monday.
The case is NoHo Diagnostic Center Inc. et al. v. City of Los Angeles et al., case number 2:24-cv-07952, in the United States District Court for the Central District of California.
Opmerkingen