Colorado homeowner owed nothing after police SWAT shootout destroys his house, federal court rules

[NewsVine_Mariyam]

I know that many of the individuals who post here are avidly pro law enforcement so I was wondering if those of you who are support this behavior and court decision.

A federal appeals court in Colorado ruled Tuesday that a local police department does not have to compensate a homeowner whose house was destroyed by 19 hours of gunfire between officers and an armed shoplifting suspect who had chosen to barricade himself inside to evade arrest.

Judges on the U.S. District Court of Appeals for the 10th Circuit upheld a lower court’s decision, ruling that the city of Greenwood Village, near Denver, did not owe homeowner Leo Lech any additional compensation, even though the suspect was a stranger to the homeowner, the Denver Post reported.

SWAT TEAM DISCOURAGED ENTERING HOME BEFORE DEADLY SHOOTING

Lech’s home, valued at $580,000, was marked for demolition in 2015 after a SWAT team used armored vehicles to breach the structure, deployed tear gas and explosives and shot 40 mm rounds in an effort to drive the suspect out after he refused to surrender and shot at officers, the Post reported. The suspect broke into the house when no one was home to use it as a hideout.

“The bottom line is that destroying somebody’s home and throwing them out in the street by a government agency for whatever circumstances is not acceptable in a civilized society,” Lech told the Post. “It destroyed our lives completely.”

“The bottom line is that destroying somebody’s home and throwing them out in the street by a government agency for whatever circumstances is not acceptable in a civilized society. It destroyed our lives completely.”

— Leo Lech, Colorado homeowner
Lech was renting his house to his son, John, who lived there with his girlfriend and her son, but they were not at home at time of the incident. The city had initially paid Lech $5,000 in temporary living assistance. John Lech moved in with his parents and his girlfriend's son had to change schools.

Lech's attorney told the Post that his home insurance company paid him $345,000 for the damage but that amount did not come close to covering additional costs related to personal property damage, demolishing and rebuilding the home and taking out a new mortgage on the new house.

“It’s a miracle insurance covered any of it in the first place,” attorney Rachel Maxam told the Post. “Insurance is for fires, floods. There’s no ‘police blew up my house’ insurance.”​

Colorado homeowner owed nothing after police SWAT shootout destroys his house, federal court rules​

 

[Bo Didleysquat]

What an militarist empire does abroad always comes to roost at home as the empire declines.

 

[Markle]

Here's shocking news!

Stuff happins!

 

[toobfreak]

I know that many of the individuals who post here are avidly pro law enforcement so I was wondering if those of you who are support this behavior and court decision.

A federal appeals court in Colorado ruled Tuesday that a local police department does not have to compensate a homeowner whose house was destroyed by 19 hours of gunfire between officers and an armed shoplifting suspect who had chosen to barricade himself inside to evade arrest.

Judges on the U.S. District Court of Appeals for the 10th Circuit upheld a lower court’s decision, ruling that the city of Greenwood Village, near Denver, did not owe homeowner Leo Lech any additional compensation, even though the suspect was a stranger to the homeowner, the Denver Post reported.

SWAT TEAM DISCOURAGED ENTERING HOME BEFORE DEADLY SHOOTING

Lech’s home, valued at $580,000, was marked for demolition in 2015 after a SWAT team used armored vehicles to breach the structure, deployed tear gas and explosives and shot 40 mm rounds in an effort to drive the suspect out after he refused to surrender and shot at officers, the Post reported. The suspect broke into the house when no one was home to use it as a hideout.

“The bottom line is that destroying somebody’s home and throwing them out in the street by a government agency for whatever circumstances is not acceptable in a civilized society,” Lech told the Post. “It destroyed our lives completely.”

“The bottom line is that destroying somebody’s home and throwing them out in the street by a government agency for whatever circumstances is not acceptable in a civilized society. It destroyed our lives completely.”

— Leo Lech, Colorado homeowner
Lech was renting his house to his son, John, who lived there with his girlfriend and her son, but they were not at home at time of the incident. The city had initially paid Lech $5,000 in temporary living assistance. John Lech moved in with his parents and his girlfriend's son had to change schools.

Lech's attorney told the Post that his home insurance company paid him $345,000 for the damage but that amount did not come close to covering additional costs related to personal property damage, demolishing and rebuilding the home and taking out a new mortgage on the new house.

“It’s a miracle insurance covered any of it in the first place,” attorney Rachel Maxam told the Post. “Insurance is for fires, floods. There’s no ‘police blew up my house’ insurance.”​

Colorado homeowner owed nothing after police SWAT shootout destroys his house, federal court rules​

I'm sorry to say three things:

1. It must have been one hell of a shoplifting! 19 hours! SWAT team?!
2. I'm generally pro-LE but agree there are many wrongs and abuses.
3. I'm sad to say that IN THIS CASE---- ---- LEGALLY ---- ----LE had a duty to apprehend the guy and to defend themselves, and LEGALLY, it is the criminal who chose to barricade himself inside the homeowner's house who is liable for the damage and must be sued for the loss, not the police.

I can't say I'm happy with that situation but that is the unfortunate facts.

 

[theHawk]

I know that many of the individuals who post here are avidly pro law enforcement so I was wondering if those of you who are support this behavior and court decision.

A federal appeals court in Colorado ruled Tuesday that a local police department does not have to compensate a homeowner whose house was destroyed by 19 hours of gunfire between officers and an armed shoplifting suspect who had chosen to barricade himself inside to evade arrest.

Judges on the U.S. District Court of Appeals for the 10th Circuit upheld a lower court’s decision, ruling that the city of Greenwood Village, near Denver, did not owe homeowner Leo Lech any additional compensation, even though the suspect was a stranger to the homeowner, the Denver Post reported.

SWAT TEAM DISCOURAGED ENTERING HOME BEFORE DEADLY SHOOTING

Lech’s home, valued at $580,000, was marked for demolition in 2015 after a SWAT team used armored vehicles to breach the structure, deployed tear gas and explosives and shot 40 mm rounds in an effort to drive the suspect out after he refused to surrender and shot at officers, the Post reported. The suspect broke into the house when no one was home to use it as a hideout.

“The bottom line is that destroying somebody’s home and throwing them out in the street by a government agency for whatever circumstances is not acceptable in a civilized society,” Lech told the Post. “It destroyed our lives completely.”

“The bottom line is that destroying somebody’s home and throwing them out in the street by a government agency for whatever circumstances is not acceptable in a civilized society. It destroyed our lives completely.”

— Leo Lech, Colorado homeowner
Lech was renting his house to his son, John, who lived there with his girlfriend and her son, but they were not at home at time of the incident. The city had initially paid Lech $5,000 in temporary living assistance. John Lech moved in with his parents and his girlfriend's son had to change schools.

Lech's attorney told the Post that his home insurance company paid him $345,000 for the damage but that amount did not come close to covering additional costs related to personal property damage, demolishing and rebuilding the home and taking out a new mortgage on the new house.

“It’s a miracle insurance covered any of it in the first place,” attorney Rachel Maxam told the Post. “Insurance is for fires, floods. There’s no ‘police blew up my house’ insurance.”​

Colorado homeowner owed nothing after police SWAT shootout destroys his house, federal court rules​

As shitty as it is, it’s the criminal and insurance company that is liable.

And insurance should cover it. It does in fact have a clause for things like riots or criminal activity. At least my insurance does....

 

[JOSweetHeart]

^^^ May going after the perpetrator and insurance company still be an option. How dare this victim end up with nothing when so much has already been ripped away from them!

God bless you and them always!!!

Holly

 

[CrusaderFrank]

I know that many of the individuals who post here are avidly pro law enforcement so I was wondering if those of you who are support this behavior and court decision.

A federal appeals court in Colorado ruled Tuesday that a local police department does not have to compensate a homeowner whose house was destroyed by 19 hours of gunfire between officers and an armed shoplifting suspect who had chosen to barricade himself inside to evade arrest.

Judges on the U.S. District Court of Appeals for the 10th Circuit upheld a lower court’s decision, ruling that the city of Greenwood Village, near Denver, did not owe homeowner Leo Lech any additional compensation, even though the suspect was a stranger to the homeowner, the Denver Post reported.

SWAT TEAM DISCOURAGED ENTERING HOME BEFORE DEADLY SHOOTING

Lech’s home, valued at $580,000, was marked for demolition in 2015 after a SWAT team used armored vehicles to breach the structure, deployed tear gas and explosives and shot 40 mm rounds in an effort to drive the suspect out after he refused to surrender and shot at officers, the Post reported. The suspect broke into the house when no one was home to use it as a hideout.

“The bottom line is that destroying somebody’s home and throwing them out in the street by a government agency for whatever circumstances is not acceptable in a civilized society,” Lech told the Post. “It destroyed our lives completely.”

“The bottom line is that destroying somebody’s home and throwing them out in the street by a government agency for whatever circumstances is not acceptable in a civilized society. It destroyed our lives completely.”

— Leo Lech, Colorado homeowner
Lech was renting his house to his son, John, who lived there with his girlfriend and her son, but they were not at home at time of the incident. The city had initially paid Lech $5,000 in temporary living assistance. John Lech moved in with his parents and his girlfriend's son had to change schools.

Lech's attorney told the Post that his home insurance company paid him $345,000 for the damage but that amount did not come close to covering additional costs related to personal property damage, demolishing and rebuilding the home and taking out a new mortgage on the new house.

“It’s a miracle insurance covered any of it in the first place,” attorney Rachel Maxam told the Post. “Insurance is for fires, floods. There’s no ‘police blew up my house’ insurance.”​

Colorado homeowner owed nothing after police SWAT shootout destroys his house, federal court rules​

Insurance is to rebuild the home, it's not mortgage insurance- that's a double count

 

[jameny5]

It sounds like some b*llsht that happens a lot in the United States. Just destroy a taxpayers property and not compensate them for doing it. And Black folks want reparations from these devils. The courts have given police more rights and power than the people. The Constitution affords them nothing! I could have sworn they said something about a well regulated militia. How they snuck law enforcement into this document is an irony.

 

[jameny5]

I wouldn't be the "least" bit surprised who the justices were that made this ruling. I would personally sue them. They should be removed from the bench! If this happened to their home - How would they react? I bet the outcome would be different.

 

[Eric Arthur Blair]

It's hard to understand why cops would not surround the house, shut off all power and water and wait out the criminal.
Maybe sneak in at night and take him when asleep instead of a nineteen hour battle.

 

[BasicHumanUnit]

If a government entity can, with acceptable cause, destroy our homes and property with no recourse.....do citizens really have "private" property at all?

With such a ruling I would expect the destruction of private property to be less of a concern for government entities going forward. This sets a precedent that is not in the best interests of private citizens imo.

For example, a corrupt mayor or any Law Enforcement Entity "could" set someone up to lose their prized and valuable property through clever manipulation of events.
Not saying it would be easy....but this puts that mechanism in place is all I'm saying.

In my opinion, there should be some government process that assists citizens who this has happened to no different than when communities face natural disasters such as fire and hurricane,......FEMA for example.

A person should not face great loss and possible ruin because of the actions of others, even government entities in the course of their jobs. Their insurance circumstances should not be the only recourse.