Allison Gatlin

The Salinas Californian

A Salinas couple is claiming local police botched a SWAT raid last year when officers inadvertently invaded the wrong residence.

It’s all in a case of mistaken address, according to the complaint, which was filed Monday in Northern California U.S. District Court.

Salinas, Gilroy and Morgan Hill police were acting upon a search warrant about 7:15 a.m. May 23, 2013, when they burst in on the Alvarado family on the 200 block of Park Street. Plaintiffs include Alberto Alvarado, 62; Martha Alvarado, 58; and their 14-year-old granddaughter.

Officers were searching for Omar Ramirez, then 25, who lived or visited next door, according to the complaint. The Alvarado family, however, said they have no idea who Ramirez is.

“Furthermore, plaintiffs are informed and believe and thereon allege that Omar Ramirez was already in police custody, and defendants should have known that fact,” according to the complaint.

Defendants include a number of named Morgan Hill police officers and unnamed Salinas and Gilroy police officers. Despite California Public Records Acts requests, the Alvarado family was unable to obtain the names of Salinas and Gilroy police officers involved, according to the complaint.

On May 23, 2013, the Alvarado family awoke to a convoy of officers decked out in “olive-green uniforms” and carrying assault rifles and long guns, according to the complaint.

Alberto and Martha Alvarado were ordered at gunpoint to lie prone in the driveway and an officer handcuffed them. At the time Alberto Alvarado was on dialysis for kidney failure and required his catheter site to remain sterile. However, the officers ignored Martha Alvarado’s request that her husband be allowed to sit in a chair or be taken inside, according to the complaint.

“Defendants only moved plaintiffs off the ground and into chairs after defendants saw plaintiffs’ surveillance cameras recording the incident,” according to the complaint.

Inside, the officers encountered the Alvarados’ 14-year-old granddaughter. Still clad in pajamas, the girl was ordered at gunpoint to lie face down on the ground. She, too, was handcuffed and then questioned about the whereabouts of Ramirez, according to the complaint.

“Defendants kept [the girl] handcuffed and separated from her family for well over one hour,” according to the complaint. “[The girl] was crying for much of that time.”

Alberto and Martha Alvarado remained in custody even after their handcuffs were removed, according to the complaint. During this time, the officers “ransacked” the house and remained at the scene “long after they knew or should have known they raided the wrong residence.”

The Alvarados required unspecified medical care following the raid, according to the complaint. They are suing for violations of their Fourth and 14th Amendment rights, negligence, assault and battery, false imprisonment or arrest, and violation of the Americans with Disabilities Act.

The Alvarado family is seeking a number of damages and a court order prohibiting the police agencies involved from unlawful searches and seizures, requiring them to institute lawful policies for detaining individuals with disabilities, and prohibiting a “code of silence” among law enforcement officers.

In addition, the Alvarado family would like to see an order prohibiting police from excesses during SWAT raids and requiring officers to engage in proper training regarding the handling of disabled people.

Tuesday, Salinas City Attorney Chris Callihan said he hadn’t yet seen the lawsuit and couldn’t comment on its allegations. Attorneys for Gilroy and Morgan Hill weren’t immediately available Tuesday for comment.

Follow Allison Gatlin on Twitter @allison_salnews #salinas.