Brooklyn Family Alleges Brutality By NYPD (CBS TV) 

Hazel Sanchez

Mother & Sons' Bizarre Claims From Sept. 8 Incident in Ditmas Park Leaves Dozens Of Questions Unanswered

Brooklyn - Imagine waking up to find the police in your bedroom, guns drawn. It happened to one family -- and that's not all. In a CBS 2 HD exclusive, the family has filed a notice of claim against the NYC Police Department.

Around 4 a.m. on Sept. 8, 53-year-old daycare worker Amy Fraser says she was shaken out of her sleep by two police officers hovering over her bed looking for a robber.

"I was so frightened. I was so frightened," Fraser said. "I was shaking like this. I almost had a heart attack. I said, 'what are you all doing here?' and they said, 'someone was robbed outside of your house.'"

Police said the Fraser's doors on 31st Street in Brooklyn weren't locked. Police policy experts said the officers had the right to enter the home even though they didn't have a warrant.

"At the time that the event is occurring the cops have to act," Professor Eugene O'Donnell of John Jay College said. "As long as they're acting in good faith and to the best to their ability and trying to follow the law, that's the best you can ask the cops to do."

When Amy Fraser ran from her room she went to her son Kevin Fraser's bedroom where she found two police officers tearing through her son's closet and then going through his paper work and mail on his desk. And they said they never gave them any explanation why.

Amy Fraser's other son, Kurt Fraser, rushed over from his nearby home and called 911, asking for an explanation. The same four officers came back.

NYPD Officials issued the following statement:

"Mr. Fraser became increasingly irrational, raised his fists and moved towards the officers in a threatening manner. At this time, officers attempted to restrain Mr. Fraser, who then began to struggle violently."

So police Tasered Kurt Fraser's shoulder. He said police struck his mother, too, when she tried to protect her son.

"It felt like someone was ripping my arm off, like someone had a blade going through my arm. That's how painful it was," Kurt Fraser said.

He also said he never resisted the police officers.

"In this case, Kurt didn't do anything," attorney Jonathan Damashek said. "They were upset at him and they used excessive force."

Kurt Fraser was arrested, but never charged. His mother was charged with disorderly conduct, but those charges have since been dropped.

Police say Kevin Fraser was a possible robbery suspect, yet they never interviewed him.