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Carlos Peña visits his business, Noho Printing and Graphics, on Wednesday, July 19, 2023. The company was destroyed last year when federal fugitives barricaded themselves in its North Hollywood business. Pena said tear gas canisters destroyed the walls, ceiling and all equipment, forcing him to work outside in his garage for the first time in 32 years. He said he lost more than 80 percent of his business and filed a federal lawsuit seeking damages. (Photo by Sarah Reingewirtz, Los Angeles Daily News/SCNG)
The city of Los Angeles was destroyed two years ago when SWAT officers stormed in in search of fugitives, punched holes in walls and ceilings, fired tear gas inside and damaged printing presses and supplies. There is no need to compensate the owner of a Hollywood print shop for irreparable damage, a federal judge ruled on Monday, March 25th.
U.S. District Judge John F. Walter ruled that the Los Angeles Police Department raid at Noho Printing and Graphics on Lankershim Boulevard in 2022 was not covered by the Fifth Amendment. The court ruled that the act “constitutes a legitimate exercise of police power.” Taking private property for public use without just compensation.
Citing a similar case in Michigan, Walter wrote, “Defendants have no liability to compensate plaintiffs because the dispossession did not occur ‘so much as to appear unfair.'”
In his ruling, Walter wrote that the government must seize property when it takes property as part of a criminal investigation, as opposed to when the government uses civil authority to take property in a prominent territory. It was determined that it is permissible to do so.
Pena’s lawyer said he plans to appeal the decision, although he briefly operated out of a garage in an effort to rebuild his business.
“We will continue to work for as long as necessary, even if we have to petition the Supreme Court for review,” said Jeffrey Redfern, one of Pena’s lawyers who works for the national nonprofit Institute for Justice. I intend to do so,” he said. a law office.
The Aug. 4, 2022, raid began around 4:20 p.m. that day, when a man fleeing from federal marshals broke into the print shop, attacked owner Carlos Pena, and forced him outside.
Deputies requested assistance from Los Angeles Police Department SWAT, and officers attempted to make contact with the man for up to two hours. When the man did not respond, officers began firing tear gas canisters into the store and into a hallway that connected several units in the building.
When the officers entered the restricted area themselves and took pictures of the narrow, inaccessible area with cameras, they realized the man was not there.
At about 2:30 a.m., Mr. Pena, who had run the business for 31 years, including 13 years at the Lankershim store, was allowed back inside. The damage to his business was devastating.
Tear gas contaminated everything inside, including electronic equipment, banners and clothing, forcing cleaning crews to dispose of everything Pena had spent decades building.
Pena’s losses were not covered by insurance. Redfern had previously switched to a cheaper service, but Pena’s legal team said they discovered that most insurance agents did not cover property damage caused by police.
“I have a client in Colorado who had his entire home destroyed in a similar police raid,” Redfern said. “They were not covered. Most policy language typically states that they do not cover damages “by order of governmental authority.” Most people have no idea what that means. ”
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