Qualified immunity just protects the police, and other government officials personally. If there is grounds for a lawsuit then he could still sue the government that employs the police department.
I think in general, if it is a legit warrant, it is very difficult to win a lawsuit for damage. Though with that video, and how high profile this has been, he might be able to win something. though IANAL, and I'm just going off my gut.
The federal government and a most state governments in the US have laws that waive or partially waive sovereign immunity for tort claims against the government.
But these police don't work for the state government. They worked for the Adams County government. The immunity waiver you linked explicitly only applies to the state government.
> (A)(1) The state hereby waives its immunity from liability,
> (A) "State" means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. "State" does not include political subdivisions.
> (B) "Political subdivisions" means municipal corporations, townships, counties, school districts, and all other bodies corporate and politic responsible for governmental activities only in geographic areas smaller than that of the state to which the sovereign immunity of the state attaches.
Additionally even if the officers did work for the state, the immunity waiver still would not apply to the action of breaking down a door while executing a search warrant.
> (3)(a) Except as provided in division (A)(3)(b) of this section, the state is immune from liability in any civil action or proceeding involving the performance or nonperformance of a public duty
and Ohio state law specifically authorizes breaking down doors to execute search warrants so this action would be one "involving the performance or nonperformance of a public duty"
> (A) When making an arrest or executing an arrest warrant or summons in lieu of an arrest warrant, or when executing a search warrant, the peace officer, law enforcement officer, or other authorized individual making the arrest or executing the warrant or summons may break down an outer or inner door or window of a dwelling house or other building
I didn't know about sovereign immunity, but I just looked it up and there are exceptions to it. I think this one in particular could fall under a civil rights violation.
People routinely get money from excessive force used by police officers, and I believe that does extend to property too.
Qualified immunity means it is almost impossible to sue the officers directly, which is why so many people have a problem with it. Not only do taxpayers have to pay for the actions of a bad police officer, the officer themself isn't held responsible for their actions.
On the other hand, you don't want officers afraid to engage with a dangerous situation because they might bankrupt their family if they do the wrong thing in the heat of the moment. It is a sticky situation, and before smartphones and body cameras there was no real way to know if an officer crossed the line. As technology improves, I expect there to be more personal accountability, while also allowing the officers enough leeway to do their jobs without hesitation.
Police departments are sued constantly. Most major police departments even have dedicated divisions set up just to assess and respond to lawsuits. Oftentimes by just knocking on the door and handing over a check.
I think in general, if it is a legit warrant, it is very difficult to win a lawsuit for damage. Though with that video, and how high profile this has been, he might be able to win something. though IANAL, and I'm just going off my gut.