US Marijuana Party

Friday, June 10, 2005

Man Shot by Mo. Police Loses $2M Judgment

By Associated Press

KANSAS CITY, Mo. -- A federal appeals court tossed out a $2 million judgment a jury awarded to a man who was shot by Kansas City police during a 1998 drug raid.

In its 8-4 ruling Monday, the 8th U.S. Circuit Court of Appeals in St. Louis said police had a right to raid David Doran's home in August 1998 without knocking or announcing themselves.

Police were looking for a methamphetamine lab and shot Doran twice after he came out of his bedroom with a gun.

Doran said he was asleep when the raid began and was shot as he tried to surrender. Police said Doran was shot after he did not comply with two orders to "Get down!" He spent 16 days in the hospital and eventually lost his only functioning kidney.

Officers found no methamphetamine but did recover a small amount of marijuana, which Doran acknowledged using.

Doran's attorney, David Smith, said he plans to appeal to the U.S. Supreme Court.

Courts have allowed unannounced entries if police can show a threat of violence or a risk that evidence would be destroyed.


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