McCracken Co. Circuit Judge dismisses lawsuit against City of Paducah | News

PADUCAH, KY (KFVS) - The Paducah Police Department says they learned Tuesday, January 22 that a McCracken County Circuit Judge has dismissed a suit against the City of Paducah stemming from service of a search warrant in late 2009.

According to the police department, their SWAT team was sent Nov. 19, 2009 to the home of Donnie McKinney to search for McKinney's son, Dustin, who was charged in warrants with first-degree robbery and two counts of murder in connection with the beating deaths on two elderly Hopkins County residents. Police say Dustin McKinney was not found at the home, but was arrested the following day in Graves County.

McKinney and his wife, Marcia, first filed suit in the U.S. District Court, alleging the department's SWAT team used excessive force against them, were negligent in their treatment of them and assaulted them.

U.S. District Judge Thomas Russell granted the city's request that the case by dismissed in February 2012, stating in his opinion, that the SWAT team's actions were "objectively reasonable and did not violate the United States Constitution."

The McKinneys then filed suit in McCracken County Circuit Court.

In an 11-page opinion signed Jan. 17, McCracken County Circuit Judge Craig Clymer said McKinney's attorneys, "have referenced no evidence supporting the claims that police conduct was negligent, grossly negligent or excessive.

In closing, Clymer said," The Court finds that the SWAT team acted reaonably and appropriately, given the circumstances."

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