Couple files lawsuit against Orlando Police Department for SWAT raid

ORLANDO, Fla. — An Orlando family says they were falsely detained and accused of creating and sharing child pornography back in 2020, and now they are after the Orlando Police Department with a 10-million dollar lawsuit alleging negligence, wrongful invasion, and a botched raid.

▶ WATCH CHANNEL 9 EYEWITNESS NEWS

The lawsuit, filed in September, listed several members of the OPD and the Department of Children and Families.

The lawsuit states the family is suing the department for 10 million dollars. The suit was filed by the family’s Miami attorney, who said the family’s constitutional and civil rights were violated during the raid.

The raid which was meant to capture a presumed child perpetrator happened August 6th on the 3000 block of Helen Avenue in Orlando.

In an obtained complaint by WFTV Tonight, back in March 2020, a cyber tip to the National Center for Missing and Exploited Children started the investigation surrounding the production of child pornography and sharing the material videos that OPD alleged came from the family home.

READ: ‘This is about peace of mind’: Marion County firefighter fights for cancer benefits

The suit stated that Cybertip was initiated by a member of the public and

provided chats between the complainant and suspect(s), believed to be husband and wife. The Cybertip contained a Fetlife.com account and multiple Kik conversations, where the suspect(s) and complainant discussed the suspect(s) having sexual intercourse sexual acts with children. The suit goes on to state the actual suspects described a video of a couple performing sexual behaviors with a child on video.

According to the lawsuit, it alleged lead detectives in the child abuse case skipped steps in the investigation that would have pinpointed the department to the right location following an IP address.

According to the lawsuit, several police officers, swat team members, and DCF entered the home around 9:30 am. The suit said the family was headed to the vet to get care for their dog but was stopped in the process, and the dog died.

READ: Plans to increase mobility rates in Osceola County will take a vote next week

The suit also said because of the early hours, their 18-month-old baby’s diaper had not yet changed, and because the family sat handcuffed in their front yard, the child sat in a soiled diaper for several hours.

The Orlando Police Department said they were unable to comment on the case but sent WFTV a statement:

“The Orlando Police Department takes all tips and allegations of child abuse seriously.

Investigators assigned to the Internet Crimes Against Children Unit (ICAC) act within the full force of the law to ensure the safety of vulnerable and exploited children.

While OPD is unable to comment on this case due to pending litigation, it is important to note that cases of this nature do not always lead to criminal charges.

Search warrants, which are reviewed by an independent judge for probable cause, are an important tool used by investigators to determine whether or not the evidence incriminates or exonerates the accused.”

-OPD

READ: Report shows multiple safety issues prior to deadly apartment fire in Altamonte Springs

Attorney Ariel E. Mitchell, Esq, who is representing the family, also sent a statement about the case:

“We intend to hold all parties accountable for their actions which led to my clients being illegally searched, seized, and detained. My clients had their 18-month-old child taken out of their custody by OPD and DCF for no legal reason because of the lies promoted by Detective Jennifer Wing. We look forward to having our day in Court and ensuring those involved are held fully accountable for their tortious, outrageous, and deplorable illegal conduct.”

-Ariel E. Mitchell, Esq

The suit also alleged the suspect police were looking for was found in another state. However, it did not say where or when.

Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.

©2024 Cox Media Group