Fostoria family files $79 million lawsuit over search - 13abc.com Toledo (OH) News, Weather and Sports

Fostoria family files $79 million lawsuit over search

Posted: Updated:

A Fostoria family is suing law enforcement for more than $79 million.

According to the 10 page complaint filed in U.S. District Court, excessive force is one of the allegations.

A drug bust at 221 E. North Street has now led to a $79 million lawsuit against the City of Fostoria and several police officers.

Ernesto Gonzales and Angelica Hernandez say law enforcement used excessive force when executing a no-knock search warrant last April.

They say, in the process, officers shot and killed their dog Lana.  And since the incident, their four-year-old daughter has been in therapy and has been diagnosed with post traumatic stress disorder.

The complaint alleges officers made false statements to get a judge to sign off on this type of search warrant.

The family says officers then, without identifying themselves as police, set off explosive devices outside the home.  And once inside, fired a shot just missing Gonzales and his daughter.

The family says officers held them at gunpoint while searching the home and then allegedly tried to cover up what happened.

Based on what was confiscated, Gonzales faces charges of possession of marijuana and criminal tools.  No weapons were found.

Gonzales claims officers confiscated items not listed in the search warrant, including his lap top which he used for work as a rap artist and producer.

The Mayor of Fostoria has not returned our call for comment.

The city's Public Safety Director says she didn't want to make any statements about pending litigation.

The attorneys for the plaintiffs have also not returned our calls for comment.

  • LocalMore>>

  • Now Open: Appliance Center

    Now Open: Appliance Center

    Thursday, July 31 2014 6:21 PM EDT2014-07-31 22:21:09 GMT
    Appliance Center home store is opening a new outlet location in Maumee. It will sell furniture, appliances, mattresses, electronics and more at outlet prices. The store's official grand opening is Saturday at 10 a.m. The Appliance Center outlet is located at 1035 Conant Street.
    Appliance Center home store is opening a new outlet location in Maumee. It will sell furniture, appliances, mattresses, electronics and more at outlet prices. The store's official grand opening is Saturday at 10 a.m. The Appliance Center outlet is located at 1035 Conant Street.
  • TPD sends K-9 dog for evaluation after biting 9-yr-old

    TPD sends K-9 dog for evaluation after biting 9-yr-old

    Thursday, July 31 2014 6:12 PM EDT2014-07-31 22:12:27 GMT
    We continue to follow a story we first told you about last night at 11. The Lucas County Canine Care and Control has deemed a Toledo police dog dangerous. A 9 year old boy was bit by the dog. Tonight his grandmother is speaking out. K-9 dogs are trained to kill and protect. They are police officers first. According to a recent evaluation of JJ he may have misinterpreted the kids playing and simply thought he was doing job. In a document obtained by 13abc the family of a 9 year old bit by a TP...
    We continue to follow a story we first told you about last night at 11. The Lucas County Canine Care and Control has deemed a Toledo police dog dangerous. A 9 year old boy was bit by the dog. Tonight his grandmother is speaking out. K-9 dogs are trained to kill and protect. They are police officers first. According to a recent evaluation of JJ he may have misinterpreted the kids playing and simply thought he was doing job. In a document obtained by 13abc the family of a 9 year old bit by a TP...
  • State revokes license of Toledo’s only abortion clinic

    State revokes license of Toledo’s only abortion clinic

    Thursday, July 31 2014 6:11 PM EDT2014-07-31 22:11:51 GMT
    Capital Care Network on West Sylvania Avenue is scheduled to be shut down as a surgery center in less than two weeks.
    Capital Care Network on West Sylvania Avenue is scheduled to be shut down as a surgery center in less than two weeks.

  • Top StoriesMore>>

  • State revokes license of Toledo’s only abortion clinic

    State revokes license of Toledo’s only abortion clinic

    Thursday, July 31 2014 6:11 PM EDT2014-07-31 22:11:51 GMT
    Capital Care Network on West Sylvania Avenue is scheduled to be shut down as a surgery center in less than two weeks.
    Capital Care Network on West Sylvania Avenue is scheduled to be shut down as a surgery center in less than two weeks.

  • Now Open: Appliance Center

    Now Open: Appliance Center

    Thursday, July 31 2014 6:21 PM EDT2014-07-31 22:21:09 GMT
    Appliance Center home store is opening a new outlet location in Maumee. It will sell furniture, appliances, mattresses, electronics and more at outlet prices. The store's official grand opening is Saturday at 10 a.m. The Appliance Center outlet is located at 1035 Conant Street.
    Appliance Center home store is opening a new outlet location in Maumee. It will sell furniture, appliances, mattresses, electronics and more at outlet prices. The store's official grand opening is Saturday at 10 a.m. The Appliance Center outlet is located at 1035 Conant Street.
  • TPD sends K-9 dog for evaluation after biting 9-yr-old

    TPD sends K-9 dog for evaluation after biting 9-yr-old

    Thursday, July 31 2014 6:12 PM EDT2014-07-31 22:12:27 GMT
    We continue to follow a story we first told you about last night at 11. The Lucas County Canine Care and Control has deemed a Toledo police dog dangerous. A 9 year old boy was bit by the dog. Tonight his grandmother is speaking out. K-9 dogs are trained to kill and protect. They are police officers first. According to a recent evaluation of JJ he may have misinterpreted the kids playing and simply thought he was doing job. In a document obtained by 13abc the family of a 9 year old bit by a TP...
    We continue to follow a story we first told you about last night at 11. The Lucas County Canine Care and Control has deemed a Toledo police dog dangerous. A 9 year old boy was bit by the dog. Tonight his grandmother is speaking out. K-9 dogs are trained to kill and protect. They are police officers first. According to a recent evaluation of JJ he may have misinterpreted the kids playing and simply thought he was doing job. In a document obtained by 13abc the family of a 9 year old bit by a TP...

Area Events Calendar

See It, Shoot It, Send It!