Feds entered home without exigent circumstances and consent, suit claims

Steve Gonzalez Feb. 8, 2008, 3:26am

Myca Wheatly and Jarod Parker filed a federal suit against a group of Drug Enforcement Agency and Federal Bureau of Investigation agents on Jan. 31, arguing that their Fourth Amendment rights were violated.

Wheatly and Parker claim that on Nov. 12, 2003, they were occupants of a house located at 311 East Washington in Farina, Ill., when the federal agents, who were attempting to execute federal arrest warrants on people not present at the time, entered the home without consent and in the absence of exigent circumstances justifying their entry.

Wheatley and Parker claim the agents then used excessive force or threat of force in detaining them and also engaged in abusive conduct toward them.

"The conduct by the Defendants was unreasonable and in violation of the Plaintiffs' rights pursuant to the Fourth Amendment to the Constitution of the United States," the complaint states.

They claim they were deprived of their liberty, suffered will continue to suffer emotional distress including fear and humiliation, and have suffered damage to their reputation and standing in the community.

Parker and Wheatly are each seeking $100,000 in compensatory damages and punitive damages in excess of $100,000, plus costs of the suit and attorney fees.

They are represented by Michael Meyer of Effingham.

The case has been assigned to Chief District Judge David Herndon.

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