Bungled raid led to innocent pregnant woman’s shackling.
Taxpayers are on the hook for $500,000 after a detective’s misconduct led to a woman’s arrest and Hennepin County jailers illegally shackling her while in labor.
MINNEAPOLIS — Maple Grove police bungled a raid as they were searching for a stolen snowblower, according to newly released department investigative records. It set off a chain of events that included an innocent pregnant woman’s arrest and her being illegally shackled while in labor.
Hennepin County taxpayers must now pay $500,000 to settle a federal lawsuit filed by the woman, who said she suffers from PTSD and has nightmares from the arrest and restraints used on her while in active labor with her first child.
The case, first reported by KARE 11, started when Maple Grove police mistakenly suspected the woman’s husband, Faris Hussein, was involved with a prolific thief and raided their Dayton home in January 2020.
Faris says he was playing video games inside wearing a headset and didn’t hear officers knock and announce themselves as police. When he heard a loud boom at his door — the sound of a boot trying to break it down — Faris looked out and saw a man wearing plain clothes.
Believing the police were home invaders, he told his wife to call 911 and fired warning shots at them using a legally owned handgun.
An officer fired back, the round ending up in a neighbor’s home.
Once Faris realized it was the police breaking in his door, he surrendered. His wife, Sara, was also arrested.
Sara, who was nine months pregnant, claimed in a lawsuit that a Maple Grove officer slammed her to the ground on her pregnant belly, sending her into labor.
The department’s internal affairs investigation found that the detective in the case, James Kirkey, failed to follow protocols that could have de-escalated the situation when Hussein didn’t answer the door.
The records detail how Detective Kirkey had no intention of forcing entry into the home just to look for a snowblower, but a Maple Grove sergeant treated it like a “narcotics warrant” because the detective failed to communicate the intended rules of engagement with the other officers.
Kirkey also failed to wear clothes that would have identified himself as a cop when police raided the home.
“There’s reason why you have these protocols in place, so something like this doesn’t happen,” said Faris and Sara’s attorney, Nick Sweeney.
Kirkey was suspended without pay for three days last February. In a memo disciplining Kirkey, Maple Grove Police Chief Eric Werner told him that his actions “ultimately risked the safety of all of those involved.”
His supervisors, Sergeants Matt Olson and Trent MacDonald, were found to have failed to properly oversee Kirkey, but they were not disciplined.
The department said in a statement to KARE 11 that it, “holds its employees to a high level of standards and holds employees accountable when necessary.”
Sara still has a lawsuit pending against the Maple Grove officer who she claims used excessive force against her during the arrest.
The police department declined to comment on the lawsuit but said its internal affairs investigation found no evidence that officers used excessive force against Sara.
‘Brutal, sadistic and unconscionable’
Sara was never charged with a crime after she was arrested but was held on what’s known as a 36-hour hold. When she went into labor, she was shackled as she was taken to the Hennepin County Medical Center. She said she spent five hours in labor before finally being freed of the restraints. She delivered several hours later.
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