Columbia couple claims in federal lawsuit that CPD officers used excessive force during 2023 incident
COLUMBIA, Mo. (KMIZ)
A Columbia couple claims they were left injured and emotionally distressed after Columbia police officers used invasive force on them at their home in June 2023.
A federal lawsuit filed by DJ and Joy Lynch -- in Missouri's Western District -- claims six officers from the Columbia Police Department's Street Crimes Unit responded to the couple's home in northeast Columbia on June 22, 2023, to assist in taking custody of their children. The lawsuit lists Sgt. Roger Schlude and Tanner Gillespie as two of the officers involved, but only refers to the remaining officers a "Does 1-10."
Three counts in the lawsuit accuse police of violating the Fourth Amendment, assault and battery, and intentional infliction of emotional distress.
The lawsuit says DJ Lynch was in the basement of the home when he saw officers standing in his front yard and yelled out asking who was at the door.
The lawsuit claims without warning or "reasonable opportunity for voluntary compliance", the responding officers kicked down the door to the home and forced it open using a police shield.
Body camera footage obtained by ABC 17 News from the plaintiffs' attorney Jonathon Nicol shows a group of officers at the front door of the residence. Schlude can then be heard announcing that police were at the door and asks them to come to the door multiple times.
A woman's voice can then be heard asking for the officers to wait a minute while using an explictive. Schlude can then be heard saying the woman is in the shower and is "talking crazy," while another officer says he's going to break the door to the home off.
Moments later, a child's scream is heard after the woman tells police she isn't clothed. Schlude then gives the command to break down the door because the child's scream is heard. Video shows DJ Lynch standing inside of the home. He is then pepper sprayed and tackled to the ground while police detain him.
The lawsuit also claims the officers tackled and pushed Joy Lynch to the ground while she was shirtless. It also claims officer Gillespie hit her in the head several times.
Body camera footage shows an officer hit her on the ground while she screams.
"The experience itself was just extreme and outrageous," Nicol said. "I mean, they're in their own home. They haven't done anything wrong. They're not committing any crime, nobody's under any kinds of threats or danger, including none of the police officers. It's essentially an invasion."
ABC 17 News reached out to the Columbia Police Department for comment. CPD spokesman Brian McNeil said the City of Columbia does not comment on pending litigation.
Body camera footage shows Lynch handcuffed in the back of a vehicle stating his hands were up and police did not need to break down his door. An officer responded by stating their job was to help the children who were heard screaming.
The lawsuit claims Joy Lynch suffered a concussion, bruises and cuts following the incident. It also alleges DJ Lynch's shoulder was injured from being pinned down.
The lawsuit asks for a jury trial.
"They just want fair compensation and justice for this and you know, it's something that should be brought to light that you know police departments are acting this way," Nicol said.
Online court records show DJ Lynch was charged with two counts of felony tampering with a judicial officer on Jan. 24. A probable cause statement says a juvenile officer who removed Lynch's children from his home said Lynch had been "volatile" and "threatening" toward court personnel involved in the case.
The juvenile officer also claimed she recused herself from the July 2023 case due to Lynch allegedly harassing her because he wanted his children home.
Court records say Lynch allegedly sent an email to the court administrator claiming he could make a citizens arrest. He then showed up to the courthouse twice on the morning of the 24th, the probable cause statement says.
Lynch is listed in the Boone County Jail without bond.
