(WMC-TV) - A Southaven couple is suing that city's police department claiming they were pulled from their beds in the middle of the night - and police had the wrong house.
In a civil lawsuit, Keith Tollar and his wife Sofia claim Southaven police used excessive force and violated their constitutional rights.
It happened in June of 2010 at the Tollars' home on Linda Shore Drive.
According to the lawsuit, at gunpoint, officers, "physically removed (Mr. Tollar) from his home and escorted (him) like a criminal across his front yard, where he was forced to his knees and handcuffed behind his back."
The complaint also states Mrs. Tollar and their young son were removed from the home in the same manner.
Theresa Naldoza, who lives across the street, believes it was all a misunderstanding regarding a possible burglary in the area.
"It was a neighbor down the street saying, 'Hey, we saw his kid, we saw his car,' so we assumed it was him," Naldoza said.
In the lawsuit, the Tollars say, "It was later determined that the 'so called' burglary never actually occurred...the homeowners from the house that was supposedly burglarized had merely left their garage door open and a neighbor called and reported it to police."
An attorney for the city of Southaven said city officials were looking forward to their day in court.
"It's our policy not to comment on any type of pending litigation, however we look forward to defending the city throughout the remainder of this litigation," the attorney said.
Keith and Sofia Tollar are suing for compensatory and punitive damages on the grounds of false arrest and assault and battery.
At the time this story was posted, no one from the Southaven Police Department had returned a request for comment.