Buffalo Family Files Civil Rights Complaint Against Police

April 8, 2011 Updated Apr 9, 2011 at 6:33 PM EDT

By Ed Reilly

April 8, 2011 Updated Apr 9, 2011 at 6:33 PM EDT

(Buffalo, N.Y.) Toshya Schaffer and James Moon say their home on O'Connell Avenue in Buffalo was so severely destroyed during two recent police drug raids that it is not livable.

Police raided the home in February looking for cocaine as part of Operation Heartbreaker. During the raid, officers killed the family pit-bull. And according to Toshya Schaffer, the house was heavily damaged by police looking for drugs.

When no drugs were found, and no charges filed, the family attorney, Earl Key, filed a "Notice of Claim" with the Buffalo Police. The family now has 90 days to file a lawsuit.

On Tuesday April 5th, police were back at the home again. This time with a search warrant for marijuana.

The family attorney says officers told the family, "This is what you get for going on the news."

On Friday, Toshya Schaffer, James Moon, and Attorney Earl Key showed Eyewitness News the damage that they say was caused by the most recent drug raid.

"This was not a search for drugs, this was punishment," says attorney Earl Key.

The family now wants the Department of Justice to look into the matter.

On Thursday, they filed a compliant with the FBI alleging that their civil rights have been violated.