Un padre está demandando a un departamento de policía de Illinois por abrir una urna que contiene las cenizas de su hija

Un Springfield, Illinois, man is suing the city and six of its police officers for opening a small urn containing his daughter’s ashes and allegedly “profanar” durante una parada de tráfico.

En su demanda, Dartavius Barnes claims that the officers violated his Fourth Amendment rights against unreasonable search and seizure. Barnes also claims the officers stopped his car initially without reasonable suspicion or probable cause that Barnes had committed a crime, according to the lawsuit filed by Barnes’ abogado, James C. Pullos.
The lawsuit also accuses the police department of violating his Fourth Amendment rights of unlawful search and seizure of his vehicle without probable cause, a valid search warrant, or consent, and claims the officers acted intentionally and maliciously.
      In its response to the lawsuit, the city denied Barnesclaims and maintained the city and its officers are protected byqualified immunity as their conduct was justified by an objectively reasonable belief that it was lawful.
        The Springfield city attorney, Emily A. Fancher, declined to comment to CNN. “Desafortunadamente, I am not permitted to expand upon the contents of our answer at this time,” Fancher said.
          The Springfield Police Department also declined to comment when contacted by CNN.
          Barnes has declined to speak with CNN about this incident.

          Body camera footage shows traffic stop and search

          The traffic stop occurred on April 6, 2020, when Barnes was pulled over by a Springfield Police officer for speeding and running a stop sign, according to the police incident report.
          The officer who stopped Barnescar stated in his incident report that he heard through department radio that Barnes was also a potential suspect from a nearby report of shots fired.
          Barnesvehicle was shot one time in the passenger side rear fender, according to a police incident report. “It is unknown if the blue Chrysler driven by (Dartavius Barnes) was a target of the shooter or was hit by the round,” the incident report states.
          A Springfield police officer holds the small urn that contained the ashes of Dartavius Barnes' hija.

          I had Dartavius exit the car and secured him in handcuffs,” and sat him in the backseat of the officer’s patrol car, according to the incident report.
          Body camera footage of the incident was recently published and obtained from the police department by CNN. The footage showed that Barnes sat inside in a police vehicle for nearly 30 minutes after he was stopped.
          Five other officers who were also on patrol came onto the scene and searched the vehicle.
          No problem if I search?” an officer asks Barnes in the video.
          “sí, adelante,” Barnes states, as police search his car.
          In the bodycam footage, an officer is seen holding a sealed urn which he found during his search. The incident report states a brass object was discovered which was shaped like a rifle round. “I have seen similar items like this before utilized to contain narcotics,” the officer wrote in the report.
          Then I checked for cocaine, but it looks like it’s probably molly,” the officer says in the bodycam video to one of his colleagues.
          En el video, police tell Barnes they found a substance in his car that tested positive for drugs, specifically ecstasy or meth. The substance was instead the ashes of his deceased 2-year-old daughter, Ta’Naja Barnes, which were kept in a sealed urn.
          The brass object shaped like arifle roundor a bullet is a commonly used cremation urn necklace worn by individuals.
          “No, No, No, bro. That’s my daughter. What are y’all doing brogive me that bro, that’s my daughter,” Barnes says in the video when officers showed him the urn.
          Police decided not to re-test the ashes and gave the urn back to Barnesfather, who had arrived on the scene in a separate car.
          Common sense, aunque, hombre,” Barnesfather is heard saying the video, regarding the contents of the urn.

          Ashes were ‘desecrated

          The lawsuit claims the officersdesecratedhis daughter’s ashes when they spilled some of them during the search.
          Barnesdaughter Ta’Naja was living with her mother, Twan’ka Davis, and her mother’s boyfriend before her death on February 11, 2019, and the Macon County Coroner’s Office found that Ta’Naja died due to neglect, starvation, dehydration and the cold, de acuerdo a CNN affiliate WICS.
          Davis and her boyfriend, Anthony Myers, were sentenced to prison for their roles in her death. Myers is serving 30 years in prison after he was found guilty of first-degree murder, de acuerdo a WICS and court documents. Davis is serving 20 years in prison after pleading guilty to first-degree murder, de acuerdo a WICS and court documents.
            A trial on Barneslawsuit against the city is scheduled for August 2022, según documentos judiciales.
            Según la demanda, Barnes is asking forcompensatory and punitive damages in an amount to be determined at trialalong with attorney’s fees, costs, and litigation expenses and any otherrelief as the Court may deem just or equitable.

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