Hardesty v. Hamburg Tp.
| Decision Date | 13 January 2005 |
| Docket Number | No. CIV.03-72054.,CIV.03-72054. |
| Citation | 352 F.Supp.2d 823 |
| Parties | Joseph Carleton HARDESTY and Kenneth Hardesty Plaintiffs, v. HAMBURG TOWNSHIP, a Michigan municipal corporation, Patrick Debottis, individually, James Sanderson, individually, Brandon Bullock, individually, Alysha Garbacik, individually, Robert Krichke, individually and in his official capacity, Howard Dillman, in his official capacity, Kevin Wiley, in his official capacity, The Village of Pinckney, a Michigan municipal corporation, Dennis W. Aseltine, individually and in his official capacity, Michael Trenkle, individually and Steven Hart, individually, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
Peter J. Osetek, Osetek Assoc., Ann Arbor, MI, for Plaintiffs.
Michael E. Rosati, Carlito H. Young, Johnson, Rosati, Farmington Hills, MI, Thomas A. Matthews, Brighton, MI, G. Gus Morris, Kupelian, Ormond, Southfield, MI, for Defendants.
Plaintiffs' claims against all Defendants are all based on an alleged violation of Plaintiffs' constitutional rights when the police officer Defendants conducted a warrantless search of Plaintiffs' home. Plaintiffs have made a Motion for Summary Judgment, and Defendants have made their own motions to dismiss or for summary judgment. I GRANT Defendants' Motions for Summary Judgment on all counts, because I find that no such constitutional violation occurred and even if the police officers violated Plaintiffs' rights, qualified immunity immunizes the police officer Defendants from this lawsuit altogether.
Plaintiff Joseph Hardesty and Plaintiff Kenneth Hardesty are residents of Hamburg Township, Livingston County Michigan. (Pl.s' Am. Compl. ¶¶ 4-5.)
Defendant Robert Krichke is the Hamburg Police Chief. Id. at ¶ 11. Defendant Patrick DeBottis is the Hamburg Police Sergeant. Id. at ¶ 7. Defendants James Sanderson, Brandon Bullock and Alysha Garbacik are Hamburg Police Officers. Id. at ¶¶ 8-10.
Defendant Howard Dillman is the Supervisor of Hamburg. Id. at ¶ 12. Defendants Patrick Hohl and Kevin Wiley are Hamburg Trustees. Id. at ¶¶ 13-14. Defendant Dennis Aseltine is the Pinckney Police Chief. Id. at ¶ 16. Defendants Michael Trenkle and Steven Hart are Pinckney Police Officers. Id. at ¶ 17.
Plaintiff Kenneth Hardesty and his wife, Joanna Hardesty, own a home located at 4277 E. M-36, Hamburg, Township, Michigan. (Pl.s' Am. Compl. ¶ 25.) On May 27, 2001, at 2:11 a.m., Bullock arrested Julie Taylor, a minor, for Operating Under the Influence of Liquor. (Pinckney's Mot. for Summ. J. at 2.) Upon her arrest, Taylor told Bullock that she had consumed alcohol with Joseph Hardesty at the Hardestys' home. (Pl.s' Am. Compl. ¶ 27.)
The Hamburg Defendants1 claim that after Bullock completed the booking process, Bullock, Sanderson and Garbacik departed for the Hardestys' home to investigate the situation. (Hamburg's Br. for Summ. J. at 1; citing Ex. 1, State Trial Tr., July 2, 2002 at 36, 168.) Sanderson and Garbacik approached the front door of the Hardestys' home. (Hamburg's Br. for Summ. J. at 2; citing Ex. 1, State Trial Tr., July 2, 2002 at 222.) The Hamburg officers claim that they attempted to wake the people inside the home. (Hamburg's Br. for Summ. J. at 2.) The officers contacted Livingston County dispatch and dispatch telephoned the Hardestys' home. (Hamburg's Br. for Summ. J. at 2; citing Ex. 1, State Trial Tr., July 2, 2002 at 174, 184-185, 204.) The officers also pounded on the front door. (Hamburg's Br. for Summ. J. at 2; citing Ex. 1, State Trial Tr., July 2, 2002 at 170, 210.) The officers also attempted to contact Kenneth Hardesty at his workplace. (Hamburg's Br. for Summ. J. at 2; citing Ex. 1, State Trial Tr., July 2, 2002 at 174.) The Hamburg Defendants allege that the officers then went around to the back of the Hardestys' home to try and contact the people inside. (Hamburg's Br. for Summ. J. at 3; citing Ex. 1, State Trial Tr., July 2, 2002 at 171.)
The Hardestys have a deck on the back of their home. This deck has stairs leading up to the deck from the yard, and from this deck there is an entrance into the home. (Hamburg's Br. for Summ. J. at 3; citing Ex. 1, State Trial Tr., Sep. 5, 2002 at 124-5.) There are no pathways leading from the front yard to the deck, and the Hardestys' yard does not have a fence. (Hamburg's Br. for Summ. J. at 3; citing Ex. 1, State Trial Tr., Sep. 5, 2002 at 124.) Furthermore, Plaintiff Joseph Hardesty admits that the trees on the property did not block the neighbors' view of the back of the Hardestys' house.2 (Pl.s' Ex. List Ex. K, Dep. of Joseph Hardesty at 17.)
From the Hardestys' deck the officers looked through a window into the home. Id. at 3. The officers claim that they observed Ryan Adam Dean inside with blood on his hands, and some on his pants. (Hamburg's Br. for Summ. J. at 3; citing Ex. 1, State Trial Tr., July 2, 2002 at 171, 212.) The officers attempted to wake Dean by shining flashlights in Dean's face and pounding on the window. (Hamburg's Br. for Summ. J. at 3; citing Ex. 1, State Trial Tr., July 2, 2002 at 14, 63.) The officers allege that Dean did not respond or even move. (Hamburg's Br. for Summ. J. at 3; citing Ex. 1, State Trial Tr., July 2, 2002 at 64, 172.) The officers contacted Sergeant DeBottis and requested advice. (Hamburg's Br. for Summ. J. at 3; citing Ex. 1, State Trial Tr., July 2, 2002 at 175.) DeBottis told the officers that they should try and make entry into the house to check on the well-being of Dean. (Hamburg's Br. for Summ. J. at 3; citing Ex. 1, State Trial Tr., July 2, 2002 at 175; State Trial Tr., Sep. 4, 2002 at 7, 18.)
The officers entered a car and used a garage door opener, found therein, to enter the home. (Pl.s' Am. Compl. ¶¶ 35, 36.) The Pinckney Defendants claim that it was at this time that the Pinckney officers arrived at the Hardestys' home, after the Hamburg police officers decided to enter the home through the garage, but before the Hamburg police officers entered the garage.3 (Pinckney's Mot. for Summ. J. at 2-3; citing Ex. A at 2.) All the officers entered the Hardestys' home through the garage without the permission of the owners. (Pl.s' Am. Compl. ¶¶ 32, 38.)
The officers entered the home and found three males under the age of 21 (Plaintiff Joseph Hardesty, Timothy Alan Brewer and Dean). (Pinckney's Mot. for Summ. J. at 3-4.) The officers observed beer cans, some empty and some half full, and they claim that they could smell alcohol on all the minors. Id. at 3. The Hamburg officers administered a breath test on the minors and issued tickets for minor in possession of alcohol ("MIP"). Id. at 3.
Joseph Hardesty initially was prosecuted as a juvenile. (Pl.s' Mot. for Partial Summ. J. at 4.) In December 2002, the Livingston Family Court ruled that the officers invasion into the Hardestys' home was illegal. In re Brewer, 01200505DL at 3 (Cir. Ct. Livingston County, Mich. Fam. Div. Dec. 12, 2002). On June 5, 2003, the 53rd District Court for the State of Michigan dismissed charges against Joseph Hardesty. Michigan v. Hardesty, HT 033405 SM, at 11 (Mich. 53rd District Ct. June 5, 2003).
I find that: (1) the state court's decision does not decide, for this civil action in this Court, whether the Defendants' actions were constitutional; (2) the officers' actions were constitutional; and (3) even if the Defendant officers' actions were not constitutional qualified immunity immunizes the Defendant officers from this lawsuit. I address each of these in turn.
A state court judgment's preclusive effect is determined by that state's law. Peterson Novelties, Inc. v. City of Berkley, 305 F.3d 386, 394 (6th Cir.2002); citing Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75, 81, 104 S.Ct. 892, 79 L.Ed.2d 56 (1984). "Under Michigan law, issue preclusion forecloses the relitigation of an issue in a subsequent cause of action between the same parties or their privies, where an earlier proceeding resulted in a valid, final judgment and the same issue was actually litigated and necessarily determined." Smith v. Oakland County Cir. Ct., 344 F.Supp.2d 1030, 1050 (E.D.Mich.2004); citing Peterson Novelties, Inc., 305 F.3d at 396; citing Ditmore v. Michalik, 244 Mich.App. 569, 625 N.W.2d 462 (Mich.App.2001); see also Moore v. State of Michigan, 2004 WL 2533669 (Mich.App. Nov. 9, 2004).
For due process reasons, prior decisions will not bind someone who was not a party to the prior cause of action. Howell v. Vito's Trucking & Excavating Co., 386 Mich. 37, 42, 191 N.W.2d 313 (Mich.1971); citing Bernhard v. Bank of Am. Nat. Trust & Savings Ass'n, 19 Cal.2d 807, 811, 122 P.2d 892 (Ca.1942). In the family court decision the parties involved were the State of Michigan and Brewer. In re Brewer, 01200505DL (Cir. Ct. Livingston County, Mich. Fam. Div. Dec. 12, 2002). In Hardesty, HT 033405 SM (Mich. 53rd District Ct. June 5, 2003), the parties involved were the State of Michigan and Joseph Hardesty. Defendants did not have a personal stake in the outcome of the earlier state proceedings, this further reinforces that Defendants were not parties or privy to the earlier state court actions.4 Kegler v. City of Livonia, 173 F.3d 429 n. 2 (6th Cir.1999). Here any claim of issue preclusion arising out of the prior state court decisions must fail, because all Defendants and Plaintiff Kenneth Hardesty were not parties in the prior actions.
Summary judgment is proper if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). A fact is material only if it might affect the outcome of the...
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