More than seven years after two Texas cops kidnapped a teenaged girl they falsely claimed had been “abandoned,” a federal jury has concluded that the officers violated her Fourth Amendment rights by unreasonably seizing her from her home. In a verdict delivered last week, the jurors said that seizure also violated her parents’ due process rights under the 14th Amendment. And they agreed that one of the officers had violated the Fourth Amendment by searching the family’s kitchen without a warrant, consent, or exigent circumstances. In the second phase of the trial, the jurors approved $175,000 in compensatory damages and $125,000 in punitive damages.
The verdict validates constitutional claims that Megan and Adam McMurry made in a federal lawsuit they filed in October 2020, two years after Officers Alexandra Weaver and Kevin Brunner, both of whom worked for the Midland Independent School District, visited their apartment and left with their daughter, Jade, then 14. That intervention, the jury concluded, was not justified in the circumstances, since Jade was not in any danger. The verdict “was vindicating after having our lives turned upside down and trampled through for the past seven and a half years,” Megan McMurry told KMID, the ABC affiliate in Midland.
The bizarre episode at the center of the case happened when Adam McMurry, then a member of the National Guard, was deployed to the Middle East, and Megan McMurry, a special education teacher at Abell Junior High School in Midland, was in Kuwait looking into a job that would have allowed the family to live near him. Megan McMurry had alerted her colleagues to her trip and had asked two neighbors, Vanessa and Gabe Vallejos, to keep an eye on Jade and her brother, Connor, then 12, who was a student at the school where McMurry worked.
On October 26, 2018, the guidance counselor who was supposed to take Connor to school was ill, so she texted Weaver, who lived in the neighborhood, asking if she could give Connor a ride. Although another Abell employee ended up bringing Connor to school, Weaver’s involvement did not end there.
Weaver was convinced that Jade had been “abandoned” and was in urgent need of a “welfare check.” Brunner, her supervisor, agreed, which is how they both ended up at the McMurrys’ apartment that morning.
Jade, who was homeschooled and in the midst of her online studies, did not understand what the cops were doing there. But within a minute, they had decided she needed to be rescued.