Haskell Greer v. City of Highland Park, Mich.
Opinion
Individual defendants ("the officers") in this
FACTUAL AND PROCEDURAL HISTORY 1
Plaintiffs are family members who live in West Bloomfield Township, Michigan. They include a mother, father, three daughters, and a nephew, Alexander Lawrence, who was an overnight guest on the evening at issue ("the Greers"). On October 29, 2014, at approximately 4:00 a.m., thirteen police officers wearing SWAT gear and face masks blew open the door of the Greers' home with a shotgun. The officers did not knock or announce their presence. The parents and their daughters were ordered onto their knees at gunpoint, and the officers handcuffed the nephew after bringing him up from the basement. The Greers asked to see the search warrant on multiple occasions, but the officers refused to show it. The officers also did not allow the mother to sit with her youngest *314 daughter, who was seven years old at the time.
The officers stated that they were searching for a "dangerous Russian," Vitaliy Strugach, who had evidently resided at the Greers' home more than a year prior to the search. Neither the suspect nor any contraband was located at the residence. The Greers thereafter filed a complaint with local law enforcement, and West Bloomfield officers investigated the circumstances of the search. The Highland Park Police Department, which had evidently conducted the search of the Greers' home, produced the underlying search warrant in response to the complaint. The search warrant described the Greers' home as the place to be searched, and it listed controlled substances and items connected to narcotics trafficking as the items to be seized.
The Greers filed suit in 2015, claiming that the Highland Park officers violated their Fourth Amendment rights by either serving an invalid search warrant or by improperly executing a valid warrant. 2 The officers filed a Rule 12(c) motion based on qualified immunity, which the district court denied as to the individual defendants. 3 Fed. R. Civ. P. 12(c). They now appeal, arguing that the district court should have granted them qualified immunity and dismissed the Greers' Fourth Amendment claim.
STANDARD OF REVIEW
When defendants appeal denial of a Rule 12(c) motion for judgment on the pleadings based on qualified immunity, "we review de novo whether the complaint alleges violation of a clearly established constitutional right."
Heyne v. Metro. Nashville Pub. Sch.
,
DISCUSSION
Qualified immunity "protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' "
Pearson v. Callahan
,
Thus, the Greers must demonstrate that: (1) the officers, acting under color of state law, violated their constitutional
*315
right; and (2) the constitutional right was "clearly established" at the time of the alleged violation, in that a reasonable officer would have known that the conduct was unlawful.
Hope v. Pelzer
,
I. Constitutional Violation
Reading the second amended complaint in the light most favorable to the Greers, it is plausible that the officers violated their Fourth Amendment rights by conducting the search of their home in an unreasonable manner.
Heyne
,
Officers executing a search warrant must knock and announce that they are seeking entry into a home and then wait a reasonable amount of time before entering.
United States v. Spikes
,
Here, the Greers allege that the officers did not knock or announce but instead immediately blew down their front door with a shotgun. Although the officers were searching for controlled substances, the potential presence of drugs merely lessened the amount of time they should have waited before entering; it did not vitiate the requirement of knocking and announcing their presence.
Furthermore, the Greers claim that the officers failed to present the warrant when asked. One primary purpose of a search warrant is to demonstrate that the agents have been granted authorization to search.
See
Camara v. Mun. Court
,
The officers argue that the Greers are required to specify what actions each officer took during execution of the warrant. Although "damage claims against government officials arising from alleged violations of constitutional rights must allege, with particularity, facts that demonstrate what
each
defendant did to violate the asserted constitutional right,"
Lanman v. Hinson
,
Here, the Greers' "inability to identify the specific officers involved in their alleged deprivation of rights does not mandate dismissal" because the officers allegedly wore face masks and refused to identify themselves.
Rauen v. City of Miami
, No. 06-21182-CIV,
II. Clearly Established Rights
Having found that the Greers' complaint plausibly alleges a Fourth Amendment violation, we must now determine whether the Greers' rights violated by the officers were clearly established at the time of the search.
Hope
,
"For a right to be clearly established, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right."
Feathers v. Aey
,
The right to be free from unreasonable searches and seizures is clearly established,
Graham v. Connor
,
Here, the Greers argue that the search of their home was clearly unconstitutional due to numerous factors, including: "failure to knock and announce"; "an unnecessary nighttime raid"; and "failure to show a warrant upon request or by the end of the search." "[I]t is clearly established law that the [F]ourth [A]mendment forbids the unannounced, forcible entry of a dwelling in the absence of exigent
*317
circumstances."
Hall v. Shipley
,
In this case, the Greers claim that the officers did not knock or announce their presence before entering the residence, and-taking the Greers' factual allegations as true-exigent circumstances did not excuse the officers' disregard of the knock-and-announce rule. Although the search warrant listed controlled substances as items to be seized, which could potentially be destroyed, the presence of drugs alone did not vitiate the knock-and-announce requirement.
See
Spikes
,
Furthermore, "[n]ighttime searches have long been recognized as more intrusive than searches conducted during the day."
Yanez-Marquez v. Lynch
,
As to the officers' refusal to show the Greers the search warrant, it is clearly established that the purpose of a search warrant-informing citizens that the searching agents are authorized-cannot be accomplished if executing officers withhold presentation of the warrant despite an occupant's requests to view it.
See
Camara
,
Thus, taking the facts alleged in the second amended complaint as true, the district court properly found that the Greers stated a claim for relief that is plausible on its face.
See
Courtright v. City of Battle Creek
,
AFFIRMED .
The factual background has been adopted from the second amended complaint, which we take as true.
See
Reilly v. Vadlamudi
,
The nephew also brought a false imprisonment claim under Michigan law.
The district court only dismissed the false imprisonment count against the municipality.
The Greers set forth additional accusations supporting their claim that the officers unreasonably executed the search warrant. Having found that the officers violated the Greers' Fourth Amendment rights by failing to knock and announce and by refusing to present the search warrant, however, we need not reach these other accusations.
Reference
- Full Case Name
- Haskell G. GREER, Et Al., Plaintiffs-Appellees, v. CITY OF HIGHLAND PARK, MICHIGAN, Et Al., Defendants-Appellants.
- Cited By
- 21 cases
- Status
- Published