A former special forces infantryman, who was awarded a Bronze Star and uses marijuana to treat PTSD after tours to Iraq and Bosnia, has sued the Fountain police SWAT team after officers raided his legal marijuana greenhouse.
Eli Olivas and his girlfriend Marisela Chavez sued the city of Fountain and Fountain police Sgt. Matthew Racine, claiming the city failed to properly train its police to investigate pot cases in a state where it’s legal to grow marijuana.
The lawsuit was filed Wednesday in U.S. District Court in Denver by attorney Terrence Johnson. Olivas and Chavez seek compensatory damages of more than $100,000. Olivas, a paramedic, also wants his guns returned: an AK-47 rifle, a 5.56 millimeter Sig Sauer rifle and a Glock 17, court records show Police confiscated the weapons but haven’t returned them, the lawsuit says.
Fountain Police Chief Chris Heberer said the department had a valid search warrant signed by a judge.
“At the end of the day he was safe, the public was…