A 78-year-old woman whose home was mistakenly raided by a Denver SWAT team will now receive a nearly $3.8 million payout. The large sum comes as a result of a 2020 Colorado law that banned qualified immunity protections for police officers in the state, making civil rights lawsuits against police significantly more likely to succeed.
On January 4th, 2022, Ruby Johnson, a retired postal worker, was sitting in her Denver home when she heard a police airhorn loudly commanding that she leave her home with her hands up. Johnson, who had recently showered and was only wearing a bathrobe, left her house to find a Denver SWAT team gathered outside her door.
The SWAT team had been sent to Johnson’s home as part of an effort to recover a vehicle that had been stolen the previous day. According to Johnson’s lawsuit, the stolen car had an iPhone inside, and the Find My app feature indicated that the phone was near Johnson’s house.
While the police officers had obtained a warrant to search Johnson’s home, they did so using an affidavit that allegedly provided “false characterization” of how reliable the Find My app is, overstating how sure the police could be that the iPhone—and the truck—would be at Johnson’s house.
According to Johnson’s lawsuit, after receiving this warrant, the SWAT team aggressively searched her home, causing considerable damage to her belongings. Making matters worse, even though Johnson gave police her garage door opener and told them how to enter the garage’s front door, police used a battering ram to enter the garage, destroying the door and door frame. Ultimately, the SWAT team found no sign of the truck or any other criminal activity. The officers left and later told Johnson’s children that the department wouldn’t pay Johnson for the considerable damage caused to her home.
Johnson filed a lawsuit with the American Civil Liberties Union (ACLU) of Colorado in December 2022, alleging that the search was unlawful under the Colorado Constitution.
“Officers combed through Ms. Johnson’s home for hours and found no evidence of anything even remotely connected to any criminal activity. The illegal search succeeded only in leaving the innocent Ms. Johnson traumatized,” the complaint states. “Ms. Johnson’s privacy, sense of safety, and peace in her home have been shattered since her house became the scene of a militarized criminal investigation. This illegal search has destroyed Ms. Johnson’s sense of safety and security in the home that has been her castle for forty years.”
On Monday, the ACLU of Colorado announced that Johnson had been awarded $3.76 million, including $1.26 million in compensatory damages and $2.5 million in punitive damages. In a press release, the ACLU largely credited the passage of a 2020 law that revoked police qualified immunity protections—which typically prevent law enforcement from being sued for Constitutional violations—for the victory.
“This is a small step toward justice for Ms. Johnson, but it is a critical case under our state’s Constitution, for the first time affirming that police can be held accountable for invading someone’s home without probable cause,” Tim Macdonald, ACLU of Colorado Legal Director said on Monday. “The ACLU worked hard in the summer of 2020, with lots of other stakeholders, to create a right to sue for violations of the state Constitution.”
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