Adams v. Springmeyer, Civil Action No. 11-790
| Decision Date | 05 May 2014 |
| Docket Number | Civil Action No. 11-790 |
| Court | U.S. District Court — Western District of Pennsylvania |
| Parties | GARY A. ADAMS, DENISE ADAMS, SHAQUEL ADAMS RILEY, TAILON ADAMS, GARY A. ADAMS, on behalf of BRYA ADAMS, a minor, and SHAQUEL ADAMS RILEY on behalf of her minor children, SAVON RILEY, SHANE ADAMS, SURRON ADAMS, STEFON ADAMS, TERREL JACKSON and SERENITY WEST, Plaintiffs, v. KAREN SPRINGMEYER, MICHAEL O'MAHONEY, CHRISTIAN SCIULLI and MICHAEL CHRISTMAN, in their individual capacities, Defendants. |
GARY A. ADAMS, DENISE ADAMS, SHAQUEL ADAMS RILEY,
TAILON ADAMS, GARY A. ADAMS, on behalf of BRYA ADAMS,
a minor, and SHAQUEL ADAMS RILEY on behalf of her minor children,
SAVON RILEY, SHANE ADAMS, SURRON ADAMS,
STEFON ADAMS, TERREL JACKSON and SERENITY WEST, Plaintiffs,
v.
KAREN SPRINGMEYER, MICHAEL O'MAHONEY, CHRISTIAN SCIULLI
and MICHAEL CHRISTMAN, in their individual capacities, Defendants.
Civil Action No. 11-790
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Date: May 5, 2014
I. Introduction
The instant action involves allegations that law enforcement officials unlawfully entered a residence to execute two arrest warrants without taking reasonable steps to ensure that the individuals named in those warrants were residing and present within the home. Pending before the Court is a motion for summary judgment filed by the Defendants pursuant to Federal Rule of Civil Procedure 56. (Docket No. 89). For the reasons that follow, that motion will be granted in part and denied in part.
II. Background
During the period of time relevant to this case, the Manchester OG street gang was engaging in criminal activities throughout the North Side of Pittsburgh, Pennsylvania. (Docket
Page 2
Nos. 91 & 98 at ¶¶ 23-24). The group funded its criminal organization by distributing heroin and committing robberies. (Id. at ¶ 24). In 2008, the Federal Bureau of Investigation ("FBI") and the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") started to investigate the gang. (Id. at ¶ 23). The investigations commenced by the FBI and the ATF were combined in 2009. (Id. at ¶ 25). Local law enforcement officials participated in the investigation as Task Force Officers. (Id. at ¶ 26). Electronic surveillance was utilized as a tool to accomplish the goals of the investigation. (Id. at ¶ 27).
Sondra Hunter ("Hunter") was married to James Reason ("Reason"). (Docket No. 92-15 at 2). The couple rented a residence located at 450 Orchard Avenue in Bellevue, Pennsylvania, while the criminal investigation was underway. (Id.). On July 8, 2009, Post Office Box 100271 was opened in Hunter's name in order to facilitate her receipt of correspondence related to an application for unemployment compensation benefits. (Docket No. 92-23 at 2, 7-8). In her online application requesting the opening of a Post Office box, Hunter listed the Orchard Avenue residence as her home. (Id. at 5). She also listed Reason as an individual who would be receiving mail from the Post Office box. (Id.).
Hunter and Reason moved out of the Orchard Avenue residence in May 2010. (Id.). In June 2010, eleven members of the Adams family moved into the residence. (Docket No. 100-1 at ¶ 2; Docket No. 100-2 at ¶ 2). The individuals living in the residence included Gary Adams ("Gary"), Denise Adams ("Denise"), their three children, and their six grandchildren. (Id.). The three children of Gary and Denise living in the house were Shaquel Adams Riley ("Shaquel"), Tailon Adams ("Tailon"), and Brya Adams ("Brya"). (Id.). Shaquel's six children, who also lived at the residence, included Savon Riley ("Savon"), Shane Adams ("Shane"), Surron Adams ("Surron"), Stefon Adams ("Stefon"), Terrell Jackson ("Terrell"), and Serenity West
Page 3
("Serenity"). (Docket No. 100-2 at ¶ 2). Shaquel and Robert Ryberg ("Ryberg"), the owner of the residence, executed a "residential lease agreement" on June 5, 2010. (Docket No. 92-21 at 2-6). Hunter and Reason eventually moved into a different house in Bellevue. (Docket No. 92-15 at 2).
Before moving into the Orchard Avenue residence, Shaquel submitted a change-of-address form to the United States Postal Service in order to ensure that her mail would be delivered to the correct address. (Docket No. 100-2 at ¶ 6). She also listed that address on the registration card for her vehicle. (Id. at ¶ 7). In addition, Shaquel became responsible for paying utility bills associated with the Orchard Avenue residence. (Id.).
On January 6, 2011, Keenan Black ("Black") was a passenger in a blue Dodge Durango operated by Hunter. (Docket Nos. 91 & 98 at ¶ 32). During the course of a traffic stop, it was discovered that Black was in possession of a concealed firearm. (Docket No. 92-11 at 9). After acknowledging that he did not have a permit to carry a concealed firearm, Black was placed under arrest. (Id.). The firearm had apparently been stolen from a resident of Ross Township four days earlier. (Id.). Marijuana and heroin were found in the pockets of Black's jacket. (Id.). Criminal charges were filed against Black for his carrying of a firearm without a license,1 his receipt of stolen property,2 and his possession of illegal drugs.3 (Id. at 3-4). Black had a Delaware driver's license. (Docket Nos. 91 & 98 at ¶ 33). The registration card for the Dodge Durango indicated that Hunter was living in a residence located at 1228 West North Avenue in Pittsburgh. (Docket No. 100-9 at 2; Docket No. 100-10 at 2).
Through the use of electronic surveillance, investigating officials heard Hunter make reference to a drug supplier. (Docket Nos. 91 & 98 at ¶ 34). Black's presence in Hunter's
Page 4
Dodge Durango immediately before his arrest led the officials to believe that he was her supplier. (Id.). Hunter communicated with her cousin, Deron Nixon ("Nixon"), on January 7, 2011. (Id. at ¶ 35). Investigators understood the conversation to have arranged a meeting in which Hunter would give Nixon ten bricks of heroin in exchange for $300.00, which would later be used to cover Black's bail. (Docket No. 92-25 at 3). During the conversation, Hunter stated that she would travel to the meeting on foot, since her Dodge Durango was "hot." (Id.). Hunter evidently facilitated Black's release from custody by paying his bail. (Docket No. 92-2 at 39).
In February 2011, investigating law enforcement officials conducted surveillance near the residences located on Orchard Avenue and West North Avenue. (Docket Nos. 91 & 98 at ¶ 44). During the course of the surveillance, Hunter was never identified as an individual entering or exiting either residence. (Docket No. 92-26; Docket No. 100-13 at 12-13). Task Force Officer Joshua Whaley ("Whaley") reported that he had observed Black leaving the Orchard Avenue residence at 9:05 A.M. on February 10, 2011. (Docket No. 92-26 at 3). Five days later, investigating officers saw three individuals exit a silver Cadillac and enter the Orchard Avenue residence. (Id. at 5). It was later determined that the vehicle had been registered in Shaquel's name. (Id. at 5-6). The officers further reported that three children believed to be between the ages of five and fourteen had entered and exited the residence numerous times. (Id.).
On February 15, 2011, a federal grand jury indicted twenty-nine individuals associated with the Manchester OG street gang for their roles in two drug-related conspiracies and related offenses involving the illegal possession of firearms and heroin. (Docket No. 92-22 at 2). Hunter and Black were among the indicted individuals. (Id.). Hunter was charged with conspiring to distribute heroin.4 (Docket No. 92-28 at 2). Black was charged with possessing
Page 5
(with intent to distribute) heroin,5 possessing a firearm in furtherance of a drug trafficking crime,6 and possessing a firearm despite having a prior felony conviction.7 (Id. at 3). Warrants authorizing the arrest of each individual were issued the next day. (Docket Nos. 91 & 98 at ¶ 30).
The surveillance of the two residences continued. Although a "black female" fitting the "height and weight description of Hunter" was seen leaving the vicinity of the West North Avenue residence in a black sport utility vehicle ("SUV") on the morning of February 17, 2011, the investigating officers were not able to positively identify the female as Hunter. (Docket No. 92-26 at 13). When the SUV returned to the residence less than two hours later, the officers determined that neither of the two females exiting the vehicle was Hunter. (Id.). The next day, investigating officers observed a black male and a black female exit the Orchard Avenue residence and leave in the silver Cadillac registered in Shaquel's name. (Id. at 15). Hunter was never seen on that occasion. (Id.).
On February 19, 2011, detectives "circled the perimeter" of the residence located on Orchard Avenue in an attempt to locate the blue Dodge Durango known to be associated with Hunter. (Docket No. 92-26 at 16). They were unable to locate the vehicle. (Id.). In a written report prepared that same day, Detective Chuck Higgins ("Higgins") described information that a confidential informant had relayed to him during the previous summer. (Id. at 17-18). In the report, Higgins stated that the informant had accused Reason of having "his girl" drive him around in a blue Dodge Durango in order to deliver "bricks of heroin" procured from a source in Delaware. (Id. at 17). The informant had apparently explained that Reason was "sell[ing] the
Page 6
bricks from his house at 450 Orchard Ave." (Id.). Higgins reported that he had seen Reason exit a blue Dodge Durango and enter the residence during the summer of 2010. (Id. at 18).
Although Hunter was not seen at the Orchard Avenue residence on February 19, 2011, Higgins observed a black male estimated to be between the ages of twelve and fourteen removing a "pink bag" from the trunk of Shaquel's silver Cadillac and taking it into the home. (Docket No. 92-26 at 18). Shortly thereafter, Higgins saw a black male driving a purple Honda park on Orchard Avenue, enter the residence for two to three minutes, and leave the area in the Honda. (Id.). After viewing the license plate on the Honda, Higgins determined that the vehicle was registered in the name of James Jackson ("Jackson"), who was known to be a user and seller of illegal drugs. (Id.). Subsequent investigations failed to confirm Hunter's presence at the Orchard Avenue residence or the West North Avenue residence. (Id. ...
To continue reading
Request your trial