Posted: November 20, 2014
A police raid on the home of a Missouri homeschool family involved the use of a Taser and pepper spray. The children were ultimately removed from the home and placed in the custody of social services. A Nodaway County Sheriff and an officer entered the home without a warrant.
A Nodaway County, Missouri, court has ruled against Sheriff Darren White and Captain David Glidden in the homeschooling family case. The court ruled that the use of a Taser and pepper spray on the mother and father violated the United States Constitution. The police raid was prompted by a social services workers requesting an investigation into the home because it was allegedly “messy.” The family complied with the first inspection, but objected when a second visit soon followed.
The child endangerment and resisting arrest charges against Jason and Laura Hagan were ultimately dismissed. The New Hampton homeschool couple filed a lawsuit seeking punitive and compensatory damages, along with attorney fees. The Home School Legal Defense Association is aiding Laura and Jason Hagan in the legal proceedings against the team involved with the police raid team at the Nodaway County Sheriff’s Office.
Home School Legal Defense Association (HSLDA) attorney James Manson deemed the police raid team violated the Fourth Amendment rights of the homeschool family.
“We need to be vigilant. We need to be willing to stand up for our rights,” Manson said, adding that law enforcement officials need to be reminded that the “rules apply to them, too.”
When the Hagan family turned the social services worker away during the second attempt to inspect the home to make sure that it was not “messy,” the staffer called the Nodaway County Sheriff. Captain David Glidden reportedly demanded to be allowed inside the home and had the request denied. According to the complaint filed by the Missouri homeschool family, Captain Glidden then used pepper spray on Jason and Laura Hagan.
“Glidden then turned to Jason, who was still standing, and shot him in the back with his Taser,” the legal document maintains.
Laura Hagan attempted to close the front door, at which point Captain David Glidden shot his Taser at the closing door, according to the formal complaint filed by the homeschooling family. Sheriff Darren White then allegedly became involved with the incident.
“Together they forced open the door and found Laura and Jason lying on the floor,” the Home School Legal Defense Association said.
The HSLDA also claims that the Missouri sheriff and the captain “slapped Laura, knocking the glassed off of her face.” The Nodaway County law enforcement officials then allegedly threatened to shoot the family dog, called Laura a “liar” and then threw a phone across the room before handcuffing the homeschool couple.
The entire ordeal reportedly took place in front of the three Hagan children, ages 8 to 12. The children remained in the custody of the state for “months.”
The judge who tossed out all of the charges levied against the Missouri homeschooling parents said, “The court will not allow [an] exception to sanction warrantless entry into a private residence by pepper spray and Taser. If the officer had a warrant in hand and such force was necessary, that is a different story, but those are not the facts of this case.”
What do you think about the police raid on the Missouri homeschool family?