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The Honolulu Advertiser
Posted on: Thursday, January 12, 2006

Kaua'i police sued over invasion

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — A Kaua'i couple yesterday filed a federal civil rights suit in U.S. District Court, claiming that Kaua'i Police Department vice officers tracking a bugged package of marijuana mistakenly broke into their home, violently threw them to the floor and held them at gunpoint before determining they were at the wrong house.

The package had been delivered to a neighboring home, said attorney John Rapp, who with attorney Michael Green represents Sharon and William McCulley.

Deputy Kaua'i County Attorney James Itamura said the county is aware of the case, but has not seen the lawsuit and still needs to investigate the allegations. The suit names the county and vice officers Damien M. Mendiola and Scott Kaui.

Green said law enforcement agents had placed a radio tracking device in a package of marijuana mailed from the Mainland. It had been picked up on Kaua'i and police tracked it into a neighborhood cul-de-sac. The complaint says that officers then lost track of the tracking unit, and subdued residents of two homes before they got to the one where the package had actually been taken.

"Our clients look out their window and their neighbors are on the ground with guns to their heads. The next thing they know, their door gets broken open," Green said.

The McCulleys, who were babysitting their two grandchildren, were ordered to lie on the floor, the lawsuit claims. Sharon McCulley was handcuffed on the floor with a gun held to her head, it said. William McCulley, who is disabled and wears a leg brace, was thrown to the floor, the suit said. William McCulley wears an implanted electronic shocking device to alleviate pain, and the device malfunctioned, causing him to "flop like a fish," Green said.

Both suffered injuries, William McCulley's medical condition worsened, and the couple suffers from post-traumatic stress disorder, he said.

Police had an "anticipatory search warrant" for where the marijuana package ended up, but not for the McCulley home, the legal action says.

"You can't just bust into somebody's home without a warrant absent exceptional circumstances," said attorney Rapp.

The complaint alleges false arrest and violation of civil rights, and among other claims, that the county was negligent in its supervision of its officers.

The suit seeks damages to be determined at trial.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com.