United States Court of Appeals,
Eleventh Circuit.
No. 93-9298.
Leonard HARTSFIELD, Sr., Mattie Hartsfield, Plaintiffs-
Appellants,
v.
D.G. LEMACKS, Individually and in his official capacities as
Sheriff of Clayton County and as a member of The Clayton County
Narcotics Unit, Robert E. Keller, individually and in his official
capacities as District Attorney of Clayton County and a member of
The Clayton County Narcotics Unit, Ricky McCane, individually and
in his official capacities as a Police Officer with the Clayton
County Police Department and a Narcotics Agent with The Clayton
County Narcotics Unit, Ronnie Clackum, individually and in his
official capacities as Police Chief of Clayton County and a member
of The Clayton County Narcotics Unit, Don Colburn, individually and
in his official capacities as an investigator with the Clayton
County District Attorney's Office and Chief Agent of The Clayton
County Narcotics Unit, et. al., Defendants-Appellees.
April 24, 1995.
Appeal from the United States District Court for the Northern
District of Georgia. (No. 1:92-cv-423-RHH), Robert H. Hall, Judge.
Before KRAVITCH, Circuit Judge, and GODBOLD and RONEY, Senior
Circuit Judges.
KRAVITCH, Circuit Judge:
This case arises out of an entry by law enforcement agents
into the wrong residence to execute a presumably valid search
warrant for a nearby house. Plaintiffs-Appellants Leonard and
Mattie Hartsfield contest the district court's grant of summary
judgment on, and dismissal of, their constitutional claims brought
pursuant to
42 U.S.C. § 1983. We AFFIRM in part, REVERSE in part,
and REMAND.
I.
"[T]he issue of a government official's qualified immunity
from suit presents a question of law, and "like the generality of
such questions, must be resolved de novo on appeal.' " Jordan v.
Doe,
38 F.3d 1559, 1563 (11th Cir.1994) (quoting Elder v. Holloway,
--- U.S. ----, ----,
114 S.Ct. 1019, 1022,
127 L.Ed.2d 344 (1994)).
"Moreover, when a defendant moves for summary judgment based on the
doctrine of qualified immunity, the court must view the facts in
the light most favorable to the plaintiff." Hardin v. Hayes,
957
F.2d 845, 848 (11th Cir.1992). Therefore, the "facts," as stated
below, may not, in reality, be the facts that would be established
at trial. See Rodgers v. Horsley,
39 F.3d 308, 309 (11th
Cir.1994); Swint v. City of Wadley,
5 F.3d 1435, 1439 (11th
Cir.1993), modified,
11 F.3d 1030 (11th Cir.1994), vacated in part
on other grounds, --- U.S. ----,
115 S.Ct. 1203, --- L.Ed. ----
(1995).
There are two groups of defendants in this case. The first
group consists of Clayton County Sheriff D.G. Lemacks, Clayton
County District Attorney Robert E. Keller, Clayton County Police
Chief Ronnie Clackum, and the Chairman of the Clayton County Board
of Commissioners, Dal F. Turner (hereinafter referred to together
as "the Group One Defendants"). The second group consists of law
enforcement agents present at the scene of the search: Ricky
McCain and George Randall Dewberry,1 officers with the Clayton
County Police Department; Don Colburn, an investigator with the
Clayton County District Attorney's Office; and Michael Wayne
Newton, David Noe, Samuel Smith and Randall Dewberry, all deputy
sheriffs with the Clayton County Sheriff's Department (hereinafter
1
McCain's name is misspelled as "McCane" in the caption of
this case and was misspelled at times in the district court as
well.
referred to together as "the Group Two Defendants"). All of the
Group Two Defendants, except for Smith, were also assigned to the
Clayton County Narcotics Unit ("CCNU").2
During the late afternoon of February 21, 1991, Deputy Sheriff
Mike Newton went with a confidential informant ("CI") to a
residence located at 5108 Middlebrooks Drive, Forest Park, Georgia;
the CI entered and purchased marijuana from a black female known as
Nora Grooms,3 while Newton waited outside in his vehicle. 4 Based
upon the foregoing, later that day, Newton obtained a search
warrant for the residence at 5108 Middlebrooks Drive.
The next day, February 22, 1991, at approximately 2:30 p.m.,
Newton erroneously led other law enforcement agents to 5128
Middlebrooks Drive to execute the search warrant, despite the fact
that the warrant in his possession designated the residence to be
searched as 5108 Middlebrooks Drive. None of the other officers
had seen the search warrant prior to entry.
After Newton forcibly opened the side door using a battering
ram, Defendant Officer Samuel Smith and his partner J.F. Watkins
entered the residence with weapons drawn and identified themselves
as officers executing a search warrant. Watkins discovered
Plaintiff-Appellant Mattie Hartsfield undressing in her bedroom,
pointed his weapon at her face, and escorted her to the den. After
they determined that no one else was present in the house, Smith
2
Colburn was the Special Agent in Charge of the CCNU.
3
Plaintiff-Appellant Mattie Hartsfield is also an African-
American woman.
4
Another officer followed to provide back-up surveillance
and to assist in the controlled drug buy.
and Watkins holstered their weapons; approximately six other
officers, and at least one media representative, then entered the
residence.5
Upon questioning, Mattie Hartsfield insisted that no one had
purchased marijuana out of her house. Newton ordered that a
6
Clayton County drug dog be brought into the house; the dog
"alerted" on several baseball caps contained in a cabinet in the
den. Mrs. Hartsfield explained that one of her sons had been
involved with "dope," but an inspection of the cabinet revealed no
contraband. Although the cabinet was the only property searched in
the house, the officers did walk through the house and visually
inspect the premises. When Defendant Officer David Noe finally
asked Mattie Hartsfield if she was Nora Grooms and whether there
were any drugs in the house, she responded in the negative and
stated that Grooms lived up the street. Noe then obtained the
search warrant from Newton and saw that the officers had entered
5128 Middlebrooks Drive instead of 5108 Middlebrooks Drive, as
specified on the warrant. The search, which lasted for at least
10-15 minutes, then concluded.7 As Newton departed, he saw the
5
Defendant Officer Ricky McCain remained outside in his
vehicle and never entered the residence. Members of the media
were apparently present because this raid was a part of a
publicized state-wide law enforcement effort know as "Operation
Crack Attack."
6
It is unclear whether the dog was brought in after Mrs.
Hartsfield professed her lack of involvement with drugs.
7
The duration of the search is in dispute; the record
strongly suggests that the search lasted no more than 15 minutes,
but Officer McCain testified that he was outside of the residence
for 30 minutes to an hour, which might indicate that the search
lasted longer.
house on the corner, 5108 Middlebrooks Drive, and realized that he
had led the officers to the wrong address.
At approximately 6 p.m. that same day, Noe and McCain returned
to the Hartsfields' residence, apologized for the entry and offered
to pay for repairs to the damaged side door. The Hartsfields never
requested reimbursement, and the record suggests that the door has
not been repaired.
Evidence before the district court showed that the
Hartsfields' residence was distinguishable from Grooms's house.
5108 Middlebrooks was a corner house on a dead-end street, whereas
5128 Middlebrooks was further down the block; the two houses were
separated by at least one other residence. Further, one witness
testified that the Hartsfields' house differed in that it had a
fence around it, and that Grooms's house had junk cars and the like
strewn outside. Most important, it is uncontroverted that the
entry occurred during daylight hours and that the house numbers
were clearly marked. Moreover, there were no exigent circumstances
involved; on the contrary, the raid had been carefully staged and
the officers were accompanied by representatives of the media.
Mattie Hartsfield and her husband Leonard Hartsfield, Sr.
filed this lawsuit, alleging that Mattie Hartsfield's rights under
the Fourth, Fifth, Eighth and Fourteenth Amendments were violated
by the wrongful search of the house and her simultaneous restraint;
several state law claims were also asserted. The defendants moved
for, and the district court granted, summary judgment as follows:
(1) in favor of all defendants on the claims against them in their
official capacities; (2) to McCain and the Group One Defendants on
the Fourth Amendment claim; (3) to everyone but Newton and
Dewberry on the Fifth Amendment claim; (4) to the Group One
Defendants on the Fourteenth Amendment claim; and (5) to McCain on
Plaintiffs' state law trespass claim. The district court denied
summary judgment without prejudice on the Eighth Amendment claim,
and granted Plaintiffs leave to amend their complaint to state
cognizable claims on certain counts. It also granted the remaining
defendants leave to refile their motion as to claims for which
summary judgment had been denied without prejudice.
Plaintiffs filed an amended complaint, and both groups of
8
defendants responded by again moving for summary judgment. The
district court granted all defendants' motions for summary judgment
on the Fourth, Fifth and Fourteenth Amendment claims; granted the
motion to dismiss on the Eighth Amendment claim; and dismissed the
state law claims without prejudice. This appeal followed.
II.
Appellants' brief challenges the rulings of the district court
as to the Group Two Defendants. It makes no mention of the Group
One Defendants, however, nor of any claimed error by the district
court in disposing of the claims against them. We note that
"[i]ssues that clearly are not designated in the initial brief
ordinarily are considered abandoned." Allstate Ins. Co. v. Swann,
27 F.3d 1539, 1542 (11th Cir.1994). We thus consider any potential
arguments on appeal as to the Group One Defendants to be abandoned,
with the exception of the district court's dismissal of the Eighth
8
The Group Two Defendants also filed a motion to dismiss on
the Eighth Amendment claim.
Amendment claim, which arguably remains before us. See Love v.
Deal,
5 F.3d 1406, 1407 n. 1 (11th Cir.1993) (brief did not address
issue, and hence it was deemed abandoned); Greenbriar, Ltd. v.
City of Alabaster,
881 F.2d 1570, 1573 n. 6 (11th Cir.1989)
(failure to elaborate argument in brief resulted in abandonment of
issue).
III.
A.
This court utilizes a two-part analysis for the defense of
qualified immunity. First, the defendant government official must
prove that he was acting within the scope of his discretionary
authority when the allegedly wrongful acts occurred. If the
defendant meets this burden, the plaintiff must then demonstrate
that the defendant violated clearly established law based upon
objective standards. See Jordan,
38 F.3d at 1564; Eubanks v.
Gerwen,
40 F.3d 1157, 1160 (11th Cir.1994).9
There is no doubt in the present case that the officers were
acting within their discretionary authority, so the sole issue is
whether their actions violated clearly established law.10
9
"In the posture of a motion for summary judgment, this
second issue itself has two subparts: first, whether the
applicable law was clearly established at the time of the
governmental action; and second, whether a genuine issue of fact
must be resolved to determine if the government official's
conduct violated clearly established law." Eubanks,
40 F.3d at
1160 (citing Courson v. McMillian,
939 F.2d 1479, 1487-88 (11th
Cir.1991)).
10
Compare Courson v. McMillian,
939 F.2d 1479, 1497-98 (11th
Cir.1991) (for qualified immunity purposes, the law should be
from the Supreme Court, the Eleventh Circuit, or if necessary,
the highest court of the state in which the case arose) with
Greason v. Kemp,
891 F.2d 829, 833 (11th Cir.1990) ("[W]e look to
the law established by the Supreme Court, the courts of appeals,
Our en banc court recently emphasized the broad scope of
protection afforded by qualified immunity:
That qualified immunity protects government actors is the
usual rule; only in exceptional cases will government actors
have no shield against claims made against them in their
individual capacities.... Unless a government agent's act is
so obviously wrong, in the light of preexisting law, that only
a plainly incompetent officer or one who was knowingly
violating the law would have done such a thing, the government
actor has immunity from suit. Because qualified immunity
shields government actors in all but exceptional cases, courts
should think long and hard before stripping defendants of
immunity.
Lassiter v. Alabama A & M University, 28 F.3d 1146, 1149 (11th
Cir.1994) (en banc) (citations and footnotes omitted).
In Lassiter, we explained that for law to be clearly
established in the qualified immunity context, "pre-existing law
must dictate, that is truly compel (not just suggest or allow or
raise a question about), the conclusion for every like-situated,
reasonable government agent that what defendant is doing violates
federal law in the circumstances."
Id. at 1150 (emphasis in
original).
When considering whether the law applicable to certain facts
is clearly established, the facts of cases relied upon as
precedent are important. The facts need not be the same as
the facts of the immediate case. But they do need to be
materially similar.... Public officials are not obligated to
be creative or imaginative in drawing analogies from
previously decided cases.
Adams v. St. Lucie County Sheriff's Dep't,
962 F.2d 1563, 1575
(11th Cir.1992) (Edmondson, J., dissenting) (citation omitted),
approved en banc,
998 F.2d 923 (11th Cir.1993); see also Jordan,
and the district courts.") and Leeks v. Cunningham,
997 F.2d
1330, 1333 (11th Cir.) ("[W]e consider the law originating in
this Circuit, as well as the Supreme Court, the courts of
appeals, and the district courts."), cert. denied, --- U.S. ----,
114 S.Ct. 609,
126 L.Ed.2d 573 (1993).
38 F.3d at 1566 ("To be clearly established, the "contours' of an
asserted constitutional right "must be sufficiently clear that a
reasonable official would understand that what he is doing violates
that right.' ") (quoting Anderson v. Creighton, 483 U.S. 635, 640,
107 S.Ct. 3034, 3039,
97 L.Ed.2d 523 (1987)); Post v. City of Fort
Lauderdale,
7 F.3d 1552, 1557 (11th Cir.1993) ("If case law, in
factual terms, has not staked out a bright line, qualified immunity
almost always protects the defendants."), modified on other
grounds, 14 F.3d 583 (11th Cir.1994).
Moreover, plaintiffs cannot discharge their burden simply by
referring to general rules or abstract rights. Lassiter,
28 F.3d
at 1150; Post,
7 F.3d at 1557 (plaintiff cannot rely on "general
conclusory allegations" or "broad legal truisms") (citing Barts v.
Joyner,
865 F.2d 1187, 1190 (11th Cir.1989), cert. denied,
493 U.S.
831,
110 S.Ct. 101,
107 L.Ed.2d 65 (1989)).
B.
At the time of the incident in this case it was
well-established as "a "basic principle of Fourth Amendment law'
that searches and seizures inside a home without a warrant are
presumptively unreasonable." Payton v. New York,
445 U.S. 573,
586,
100 S.Ct. 1371, 1380,
63 L.Ed.2d 639 (1980); see also United
States v. Burgos,
720 F.2d 1520, 1525 (11th Cir.1983) (quoting
Payton ); United States v. Satterfield,
743 F.2d 827, 843 (11th
Cir.1984) ("Although a warrantless search and seizure in a home is
presumed to be unreasonable ... courts will uphold searches of
homes based on both probable cause and exigent circumstances."),
cert. denied, 471 U.S. 1117,
105 S.Ct. 2362,
86 L.Ed.2d 262 (1985)
(citation to Payton omitted).11
It is undisputed that the officers did not have a search
warrant for the Hartsfields' residence when they entered the house.
Nor did they have probable cause to believe that a crime was taking
place at the Hartsfields' house. As such, the officers should have
known that entry risked violating the residents' constitutional
rights. Nevertheless, in Maryland v. Garrison,
480 U.S. 79,
107
S.Ct. 1013,
94 L.Ed.2d 72 (1987), the Supreme Court held that the
accidental search of the wrong apartment did not violate the Fourth
Amendment where police mistakenly thought that there was only one
apartment on the particular floor of the building, because "the
officers' conduct was consistent with a reasonable effort to
ascertain and identify the place intended to be searched within the
meaning of the Fourth Amendment."
Id. at 88-89, 107 S.Ct. at
1019.12
11
Cf. United States v. Campbell,
920 F.2d 793, 795 (11th
Cir.1991) ("A search without a warrant based on probable cause is
illegal, unless the government can show that it falls into one of
those limited exceptions recognized by law."); United States v.
Alexander, 835 F.2d 1406, 1408 (11th Cir.1988) ("The basic
premise of search and seizure doctrine is that searches
undertaken without a warrant issued upon probable cause are "per
se unreasonable under the Fourth Amendment—subject only to a few
specifically established and well-delineated exceptions.' ")
(quoting Katz v. United States, 389 U.S. 347, 357,
88 S.Ct. 507,
514,
19 L.Ed.2d 576 (1967)) (automobile search context).
12
In Garrison, the officer: (1) went to the premises to see
if it matched the description given by an informant; (2) checked
with the Baltimore Gas and Electric Company to ascertain in whose
name the third floor apartment was listed; and (3) checked with
the Baltimore Police Department to make sure that the description
and address of the suspect matched the information provided by
the informant. Garrison,
480 U.S. at 81-82, 85-86 n. 10, 107
S.Ct. at 1015, 1017 n. 10. Furthermore, the police in Garrison
encountered both Harold Garrison and the original suspect,
Lawrence McWebb, at the building and neither of them indicated to
police that there were two apartments on the same floor. Id. at
At the time of the officers' entry into the Hartsfields'
home, it was thus clearly established law that, absent probable
cause and exigent circumstances, a warrantless search of a
residence violates the Fourth Amendment, unless the officers engage
in reasonable efforts to avoid error.
Newton had been to the proper residence the day before the
search and had procured the search warrant based upon his own
observations supervising a drug buy at 5108 Middlebrooks. Although
Newton had the warrant in his possession, he did not check to make
sure that he was leading the other officers to the correct address,
let alone perform any precautionary measures such as those
performed by the officers in Garrison. As it is uncontroverted
that the numbers on the houses are clearly marked, and that the
raid took place during daylight hours, simply checking the warrant
would have avoided the mistaken entry. Moreover, evidence before
the court showed that the houses were located on different parts of
the street, separated by at least one other residence, and that
their appearances were distinguishable.
Because Newton did nothing to make sure that he was leading
the other officers to the correct residence, we conclude that the
district court erred in holding that he was protected by qualified
immunity. Although we recognize "the need to allow some latitude
for honest mistakes that are made by officers in the dangerous and
difficult process of making arrests and executing search warrants,"
Garrison,
480 U.S. at 87, 107 S.Ct. at 1018, Newton's actions in
this case were simply not "consistent with a reasonable effort to
81-82 n. 2, 107 S.Ct. at 1015 n. 2.
ascertain and identify the place intended to be searched" as
dictated by Garrison. See id. at 88-89, 107 S.Ct. at 1019.
Although the Hartsfields have failed to direct us to an
identical case in which an officer's actions were held to be
unconstitutional, to be clearly established "does not mean that a
court must have previously found the very action in question to be
unlawful, but it does mean that "in light of preexisting law the
unlawfulness must be apparent.' " Jordan,
38 F.3d at 1566 (quoting
Anderson v. Creighton,
483 U.S. at 640, 107 S.Ct. at 3039). Given
the per se rule against warrantless searches, and the Garrison
court's description of reasonable police efforts, Newton should
have known that his behavior risked violating the law, due to the
unreasonable manner in which he executed the search warrant. Cf.
Duncan v. Barnes,
592 F.2d 1336, 1337-38 (5th Cir.1979)13 (law
enforcement officers executing warrant that contained the wrong
address could incur liability under § 1983);14 Wanger v. Bonner,
13
The Eleventh Circuit, in the en banc decision Bonner v.
City of Prichard,
661 F.2d 1206, 1209 (11th Cir.1981), adopted as
precedent decisions of the former Fifth Circuit rendered prior to
October 1, 1981.
14
Although Duncan is not directly on point, it is
informative. In Duncan, police obtained a warrant to search
Flavio Benavidez's residence for heroin. The warrant incorrectly
directed the police to Appellants' apartment. Law enforcement
officers broke down the rear door, entered with guns drawn, and
broke down the bedroom doors. Male and female occupants were
forced to stand nude while the police surveyed the apartment.
The officers were not sure that they were in the wrong apartment
until ten minutes after their entry; the apartment was left in
disarray, and personal property was destroyed. The former Fifth
Circuit held that "[l]aw enforcement officers having a good faith
and reasonable belief in the validity of the search warrant may
nonetheless incur liability under
42 U.S.C. § 1983 ... if the
warrant is executed in an unreasonable manner.... A reasonable
jury could have held that appellees' execution of the search
warrant was malicious, arbitrary and capricious." Duncan, 592
621 F.2d 675, 681-82 (5th Cir.1980) (search of residence in middle
of the night for fugitive from misdemeanor traffic charge, based
solely on address in arrest warrant—which had twenty to twenty-five
percent chance of being incorrect and which long-time owner of the
premises said was wrong—was not reasonable in absence of any
attempted verification of address or prior attempt to serve at more
reasonable hour, and thus supported § 1983 action).15 Accordingly,
we REVERSE the district court's grant of summary judgment in favor
of Newton on the basis of qualified immunity on the Hartsfields'
Fourth Amendment claim.
C.
As for the other Group Two Defendants, nothing in the record
indicates that these officers acted unreasonably in following
Newton's lead, or that they knew or should have known that their
conduct might result in a violation of the Hartsfields' Fourth
Amendment rights. Consequently, the district court did not err in
granting summary judgment on the basis of qualified immunity in
their favor on the Hartsfields' Fourth Amendment claim.16
AFFIRMED in part, REVERSED in part, and REMANDED.
F.2d at 1338 (citations omitted).
15
Wanger v. Bonner was decided prior to the Supreme Court's
decision in Steagald v. United States,
451 U.S. 204,
101 S.Ct.
1642,
68 L.Ed.2d 38 (1981), in which the Court held that a search
warrant is required to enter the home of a third party to arrest
a suspect named in an arrest warrant.
16
After a review of the record, we also hold that the
district court did not err by granting summary judgment on
Appellants' Fifth and Fourteenth Amendment claims, and by
dismissing their Eighth Amendment claim.
