Hart v. Myers

• Decision Date: 23 January 2002
• Docket Number: No. 3:97CV2574(SRU).,3:97CV2574(SRU).
• Citation: 183 F.Supp.2d 512
• Court: U.S. District Court — District of Connecticut
• Parties: Wilbur K. HART, et al. v. William MYERS, et al.

183 F.Supp.2d 512

Wilbur K. HART, et al. v. William MYERS, et al.

No. 3:97CV2574(SRU).

United States District Court, D. Connecticut.

January 23, 2002.

COPYRIGHT MATERIAL OMITTED

John R. Williams, Williams & Pattis, New Haven, CT, Angelica N. Papastavros, New Haven, CT, for plaintiffs.

David H. Wrinn, Robert B. Teitelman, Attorney General's Office, Hartford, CT, for defendants.

RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

UNDERHILL, District Judge.

Wilbur Hart, William Hart, Douglas Hart and Robert Trapp sued William Myers, Thomas Welch, and Rick Lewis, conservation officers employed by the Department of Environmental Protection of the State of Connecticut for alleged violations of 42 U.S.C. § 1983. Plaintiffs claim defendants, acting in their individual capacities, conducted an unconstitutional search, seizure and arrest in violation of the Fourth Amendment of the United States Constitution. Specifically, plaintiffs claim that, because the conservation officers entered within the curtilage of plaintiffs' home, the officers' failure to have probable cause and warrants to conduct their search, seizure and arrests violated the Fourth Amendment.

The defendants filed a motion for summary judgment (doc. # 36), arguing both that their activities took place in open fields, where plaintiffs enjoy no Fourth Amendment rights, and that their actions are protected by qualified immunity.

Under the facts and circumstances of this case, reasonable jurors could find that the area in which the search and seizure occurred was within the curtilage of the plaintiffs' home. Even if the area constituted curtilage, however, the officers' conduct is protected by qualified immunity. Therefore, the defendants' motion for summary judgment (doc. # 36) is granted.

FACTS

This claim arises out of events that occurred on December 28, 1996 on a piece of property located in East Haddam, Connecticut and owned by Florence Hart ("the property"). The parties do not dispute the subordinate facts material to this ruling. Because the extent of the curtilage surrounding plaintiffs' home is a fact-intensive determination, however, the geographical layout and character of the property will be set forth in some detail.

The Property

The property is an undeveloped tract of fifty acres, which the owner has designated as open space. Devil's Hopyard State Park, Connecticut state parkland on which no hunting is allowed, shares a border with part of the property. The property is not fenced in and there were no boundary markers in place at the time of the events at issue.¹ Along portions of the property lines, there are some very old stone walls.

The family of Florence Hart uses the property for a number of activities, including hunting (in November and December), fishing, archery, camping, cutting firewood, family get-togethers and retreats. Vehicles enter the property by means of an unmarked, unimproved access way off a thoroughfare, Tater Hill Road.²

At the end of the access way is a clearing. At the opposite side of the clearing, to the north,³ on the edge of the clearing, but in the woods, is a small, wooden structure. The Hart family has used the structure for storage, cooking, playing cards, changing clothes and sleeping. There is a fire pit approximately ten to fifteen feet to the south of the structure at the edge of the clearing, but in the trees. To the east of the fire pit, there is a table built into the trees and past the table, in the near vicinity, is usually a pile of stacked firewood. There is both an old and a modern outhouse to the north of the structure.

The structure is surrounded on the western and northern sides by dense undergrowth in the woods. The plaintiffs planted some of the trees in the heavily wooded area to the north of the structure specifically to afford some privacy for the people using the structure and the outhouse. The eastern side of the structure is also surrounded by woods, but without thick undergrowth. The differentiation in undergrowth density appears to be a natural transition and is visible only upon close inspection. To the east of the structure, a logging road leads northeast from the clearing into the woods. There are trees between the logging road and the structure. On the eastern side of the logging road, approximately twenty-five yards to the east of the structure, is a sapling tied between two trees ("hangpole"). The hunters use this hangpole to hang deer carcasses. The hangpole is located in the woods near the edge of the clearing.

The Search and Seizure

On December 28, 1996, while on the job, Officers Myers and Lewis heard rifle shots coming from the location of the state park. Myers and Lewis, along with Officer Welch, who was also present, decided to investigate. The officers parked their cars and entered the woods on foot near where the state park abuts the property. During their investigation, the officers observed no signs or other markers indicating property lines. Lewis and Welch returned to their cars because of approaching darkness and equipment failures, resulting in a loss of communication with Myers.

Myers was not familiar with these woods. During his investigation, Myers discovered a fresh pile of deer entrails in the woods. He followed the dragline of the deer. The dragline went to the logging road on the property, down the logging road and then over to the hangpole. Two deer were suspended from the hangpole. Myers saw no tags on the deer.

At that time, William Hart was at the firepit near the cabin. From where Myers was standing at the hangpole, he saw William Hart tending the campfire and he saw the structure. Myers stayed near the hangpole, but stepped forward out of the woods into the clearing, so that William Hart would see him. William Hart approached Myers. Myers stayed near the hangpole and questioned William Hart about the deer and whether William Hart had permits or tags. At some point, Myers identified himself as a conservation officer.

During this conversation, which occurred after sunset, three other hunters, Robert Trapp, Lelio Shimuzu, aged 14, and Wilbur Hart came into the clearing from the woods. None of the three was wearing fluorescent orange clothing. These hunters had brought in a third untagged deer. The three hunters approached Myers and William Hart, and Myers repeated his questions to each of them.

After the arrival of the third hunter, Myers reestablished contact with Lewis. Myers informed Lewis that he was with three adult hunters, who had guns and three untagged deer, and that he needed assistance. The hunters assisted Myers in providing Lewis and Welch directions to their location. Lewis and Welch drove to the property on the access way off Tater Hill Road.

Once Lewis and Welch arrived, all three officers spoke with the hunters about permits, tags, loaded rifles, the juvenile's hunting and killing of a deer, and Robert Trapp's hunting and killing of a deer. After the questioning, the officers decided to charge the three hunters with statutory violations. At all times, Myers and Welch remained near the hangpole. As a result of the conversation with the hunters, it became apparent to the officers that a fourth adult hunter, Douglas Hart, was in the woods and most likely armed. Lewis walked over to the structure and around its immediate area, calling for the fourth hunter. Douglas Hart did not respond to Lewis' calls.

Soon thereafter, Douglas Hart came out of the woods in response to his father's call over a patrol vehicle's PA system. Douglas Hart wore no orange clothing. The officers questioned Douglas Hart about hunting regulations, and eventually decided to charge him, too, with statutory violations.

During the investigation, the atmosphere was tense, but no one asked the officers to leave the property. The interviews were conversational in tone and the hunters were cooperative. Myers' visit lasted approximately two hours. Lewis and Welch were on the property for approximately one hour. After charging the hunters with statutory violations, the officers seized two guns and the three deer that the hunters had killed.

DISCUSSION

Plaintiffs contend that the defendants were within the curtilage of plaintiffs' home and therefore needed probable cause and a warrant for the search, seizure and arrests. Defendants argue that they were not within plaintiffs' curtilage, but in open fields, and therefore they did not need probable cause and a warrant to conduct a search, or a warrant to seize property or arrest persons.⁴ In addition, defendants argue that, at the time the officers charged the plaintiffs with statutory and regulatory violations, probable cause existed. Thus, defendants assert there was no violation of the plaintiffs' Fourth Amendment rights. Finally, defendants argue that, even if they violated plaintiffs' Fourth Amendment rights, they are entitled to qualified immunity from suit.

Standard of review

Summary judgment is appropriate when the evidence demonstrates that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(c); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). When ruling on a summary judgment motion, the court must construe the facts in a light most favorable to the non-moving party and must resolve all ambiguities and draw all reasonable inferences against the moving party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); see also Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.), cert. denied, 506 U.S. 965, 113 S.Ct. 440, 121 L.Ed.2d 359 (1992). When a motion for summary judgment is properly supported by documentary and testimonial evidence, however, the nonmoving ...