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Lawsuit filed against Fountain PD after man pulled from home without probable cause, warrant

FOUNTAIN, Colo. (KRDO) -- Kyle Fisher is suing the Fountain Police Department, claiming officers violated his rights when they pulled him out of his own home without probable cause or a warrant.

The incident started with a 911 call in October 2022 from a neighbor saying a kid next door was “screaming bloody murder.” She asked for a welfare check but wanted to be anonymous.

Fountain Police Officers Marcus Howard and Jonathan Kay respond to the call. But this wasn’t Officer Howard’s first time at Fisher’s house.

Fisher said the call that October night was the 77th welfare check in the last year and a half, with nearly all of them stemming from a custody dispute with his kids’ mother.

“Nothing came about with these welfare checks,” Fisher said. “It is just a custody dispute. Someone was just calling on me. It was probably a leg up for her.”

13 Investigates obtained police incident reports that show his ex called 911 to request welfare checks at least once a week in August and September. Fisher claimed it was harassment. According to those police reports, the Fountain Police Department agreed and required any future welfare checks to be approved by a supervisor.

So when officers knocked on his door on Oct. 1 asking for a welfare check on his daughters, Fisher was frustrated.

“After 76 wellness checks, I was just tired of going through that and I said, ‘You don't need to come in my house this time.’ That's when it became a battle amongst the men,” Fisher said.

Body camera footage from the incident shows Fisher refusing to let the officers inside. He even closes the door and walks away. According to the body camera footage, one of the police officers said, “No, dude. I’m not gonna put up with that.” He then knocks harder on the door.

When Fisher answers a second time, the officer holds the door open. Fisher continues to tell the officers they can’t come inside and that his daughters are sleeping.

“I think he lost his judicial approach, his sense of superiority and authority,” Fisher said. “It just became personal with him at that point.”

As Fisher moves back into his house, one of the officers steps inside and grabs Fisher, pulling him onto the porch and arrests him.

“I'm a single father here by myself and I take care of my kiddos, so it shouldn't be right for anybody to just be able to yank you out of your own home,” Fisher said.

Fisher was then placed in the back of a police car, while officers searched his home without a warrant, even waking his two daughters.

“I just felt like an animal,” Fisher said. “Him dragging me out of my own house when I didn't even know why he was even wanting to come in in the first place.”

Last week, Fisher filed a federal lawsuit alleging eight civil rights violations, including an unreasonable search and seizure without probable cause or a warrant. The Fountain Police Department declined to comment about the lawsuit.

Fisher was charged with obstructing a peace officer, but those charges were dropped three days after the incident. Former Fountain Police Chief Chris Heberer even came to his house and apologized.

The Fountain Police Department also opened an internal investigation into the incident. The agency said the investigation is complete and the two officers involved remain with the department.

In the federal lawsuit, Fisher is asking for at least $100,000 in damages.

“I didn't do no wrong,” Fisher said. “I was just taking care of my daughters.”

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Quinn Ritzdorf

Quinn is a reporter with the 13 Investigates team. Learn more about him here.


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