« When the SWAT team hit the home’s front door with a battering ram, it resisted as if something was up against it, the sheriff said, so one of the officers threw the flash-bang grenade inside the residence.
Once inside the house, the SWAT team realized it was a portable playpen blocking the door, and the flash-bang grenade had landed inside where a 19-month-old was sleeping, the sheriff said. […]
“He’s in the burn unit. We go up to see him and his whole face is ripped open. He has a big cut on his chest,” Phonesavanh told the station at the time. »
Neither of the child’s parents had anything to do with any alleged crime.
A state grand jury failed to act, and the family were left with $1m of medical bills which the state failed to pay. In February, the family filed a federal lawsuit with the child, Bounkham “Bou Bou” Phonesavanh, as the primary defendant.
To the extent as may be shown by the evidence through discovery, these defendants show that plaintiffs’ damages, if any, were directly and proximately caused by the contributory and comparative negligence of plaintiffs and their failure to exercise ordinary care. […]
To the extent as may be shown by the evidence through discovery, these defendants also assert the affirmatives defenses of assumption of the risk, failure to avoid consequences, laches, failure to mitigate damages, last clear chance and sudden emergency.
Yup, the baby failed to exercise ordinary care and avoid consequences.