Hill v. Cnty. of Benewah

• Decision Date: 04 March 2020
• Docket Number: Case No: 2:18-cv-00320-DCN
• Parties: DARREN ROBERT HILL, Plaintiff, v. COUNTY OF BENEWAH, BENEWAH COUNTY SHERIFF DAVE RESSER, DEPUTY BRYAN DICKENSON SR., DEPUTY RICHARDSON, DEPUTY RODNEY BRYAN DICKENSON II, individually and in his official capacity, DEPUTY COLTON WYNN, individually and in his official capacity, DEPUTY PACIONE, individually and in his official capacity, DEPUTY JASON ROBINSON, individually and in his official capacity, Defendants.
• Court: U.S. District Court — District of Idaho

DARREN ROBERT HILL, Plaintiff, v. COUNTY OF BENEWAH,

BENEWAH COUNTY SHERIFF DAVE RESSER,

DEPUTY BRYAN DICKENSON SR.,

DEPUTY RICHARDSON,

DEPUTY RODNEY BRYAN DICKENSON II,

individually and in his official capacity,

DEPUTY COLTON WYNN,

individually and in his official capacity,

DEPUTY PACIONE,

individually and in his official capacity,

DEPUTY JASON ROBINSON,

individually and in his official capacity, Defendants.

Case No: 2:18-cv-00320-DCN

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

March 4, 2020

MEMORANDUM DECISION AND ORDER

Plaintiff Darren Robert Hill ("Hill") brings a number of state and federal claims against the County of Benewah, the Benewah County Sheriff, and several Benewah County deputies for an alleged illegal search, seizure and arrest. Pending before the Court is Defendants' Motion for Summary Judgment. Dkt. 24. After the Motion was fully briefed, the Court heard oral argument on October 10, 2019, and took the matter under advisement. For the reasons set forth below, the Court GRANTS the Motion for Summary Judgment.

I. FACTS¹

Hill filed the instant suit against Benewah County (the "County"), Benewah County Sheriff Dave Resser ("Sheriff Resser"), Deputy Bryan Dickenson Sr. ("Dickenson Sr."), Deputy Rodney Bryan Dickenson II ("Dickenson II"), Deputy Mike Richardson ("Richardson"), Deputy Colton Wynn ("Wynn"), and Deputy Lou Pacione ("Pacione") (collectively referred to hereinafter as "Defendants") on July 17, 2018.² Pursuant to 42 U.S.C. § 1983 and Idaho law, Hill alleges that the Defendants violated his rights to: (1) freedom from illegal search, seizure, restraint, confinement and imprisonment; (2) freedom from physical abuse, coercion and intimidation; (3) freedom from unlawful taking of property; and (4) freedom from unlawful arrest. Dkt. 1, at 5. The Complaint also raises a claim of negligent hiring, supervision and training against Benewah County and Sheriff Resser. Id. at 6.

Hill's claims arise out of a search and seizure at his residence on February 19, 2017. Hill lives in a trailer on real property owned by his parents. Hill's parents' address is 2317 Ora Avenue, St. Maries, Idaho. Hill's trailer is within walking distance of his parents' home, and Hill uses his parents' address on his driver's license and as his mailing address. While Hill's trailer does not have a separate mailbox, it does have its own separate address: 2313 Ora Avenue, St. Maries, Idaho. Hill's trailer is light cream with brown trim, while his parents' home is gray. Both 2317 and 2313, along with several other adjoining parcels, aretaxed as a single unit. However, the gray home is marked on the outside as "2317," and the trailer is marked on the outside as "2313."³

On February 18, 2017, Dickenson II received information from Coeur D'Alene Tribal Police Department officer Jason Robinson ("Robinson") and a confidential informant ("CI") indicating that Hill had stolen property and drugs in his residence. The CI described stolen tools and heavy narcotic use "primarily in a trailer" located at 2317 Ora.⁴ Dkt. 24-8, Ex. F, at 8; see also Dkt. 29, Ex. 2, at 16 (Robinson Affidavit stating the "CI described a trailer on the property as being one of the main places where narcotics were used and paraphernalia was present.") Based on his familiarity with Hill and information obtained from other officers, Dickenson II knew that Hill resided in a single wide trailer near his parents' home at 2317 Ora, but mistakenly believed the address for the trailer was also 2317 Ora. While Google Maps identifies Hill's parents' home as 2317 and the property next to it as 2313, Dickenson II testified in his deposition that he did not consult Google Maps to verify 2317 Ora was the correct address for Hill's trailer.⁵

Later that night, Dickenson II and Robinson appeared telephonically before Benewah County Magistrate Judge Douglas Payne. After listening to the officers' sworn testimony regarding probable cause, Judge Payne issued a search warrant for Hill's residence. The warrant provided:

Proof, by recorded testimony under oath, having been this day made before me by Jason Robinson & R. Dickenson that [they have] probable cause to believe that at the premises described as: 2317 Ora Avenue, St. Maries, Benewah County, Idaho, the home of Darren Hill including outbuildings and vehicles on the property, more particularly described as Residence, gray in color, 2 outlying shops, travel trailers, vehicles on property owned by Darren Robert Hill which may be reached by traveling North on 7^th Street, to Main Ave. West, on Main Avenue to 22^nd Street, North on 22^nd Street to Ora Avenue, West on Ora Ave. to 2317 Ora Ave. the same being situated in the County of Benewah, State of Idaho, there is now being concealed certain evidence, to-wit: paraphernalia in residence & outlying buildings & vehicles, narcotics, contained in same, stolen golf cart, hand tools, which is evidence of the commission of the criminal offenses of Burglary, Possession of Stolen prop. and Methampha fel. [sic] in violation of Idaho Code Section 18-1401 & 2407 & 37-2732 and as I am satisfied that there is probable cause to believe that the property so described is being concealed at the premises above described and that the foregoing grounds for application for issuance of a search warrant exist.

YOU ARE THEREFORE COMMANDED, at any time of the day or night to make immediate search of the premises named for the property specified, and if the property be found there to seize it, leaving a copy of this warrant and a receipt for the property taken, and prepare a written inventory of the property seized and return this warrant and bring the property before this court within fourteen (14) days of this date as required by law.

Dkt. 24-9, Exhibit G, at 2-3.

Dickenson II conducted the search at approximately 1:00 a.m. on February 19, 2017,and was accompanied by Wynn and Pacione. Dickenson II informed Wynn and Pacione that he had a valid search warrant authorizing the search of Hill's trailer and the outbuildings surrounding it for drugs, paraphernalia and stolen property. Wynn confirmed in his deposition that he went to Hill's residence at the direction of Dickenson II and did not review the search warrant or verify whether 2317 Ora was Hill's correct address. Wynn also testified that he and the other officers conducting the search were aware that Hill lived in the trailer and that Hill's parents lived in a separate residence on the property. Dkt. 29, Ex. 9, at 9:12-25; 10:1-9. When questioned why he did not search the gray residence, Dickenson II stated: "My intent was only to search the residence of Darren Hill, that I knew to be the trailer." Id., Ex. 7, at 18:11-12.

Upon arrival at Hill's trailer, Wynn and Pacione knocked on the front door while Dickenson II stood at the back door. Wynn knocked and announced several times but there was no answer.⁶ Dickenson II heard movement inside the trailer and eventually opened the rear entrance. Dickenson II immediately saw Hill and informed him the officers were there to serve a search warrant. Wynn then handcuffed Hill, and Pacione secured Hill in the backseat of his patrol vehicle while Dickenson II and Wynn searched Hill's trailer. Shortlyafter initiating the search, they discovered drugs and drug paraphernalia in Hill's trailer. Among other things, they found marijuana, methamphetamine, hydrocodone, and paraphernalia such as methamphetamine pipes and bongs, electronic scales with white powder residue, hundreds of small blue bags typically used to traffic narcotics, and various other items with white powder residue, including a knife, glass plate and mirror. Dkt. 24-4, Ex. B, at 4-6.

As soon as such items were discovered, Hill was arrested, transported to jail, and cited for drugs and paraphernalia.⁷ Hill remained in custody for two days. On February 21, 2017, the Benewah County Prosecutor charged Hill with felony possession of methamphetamine and hydrocodone with intent to deliver. The same day, Judge Payne formally found probable cause to support the charges and set bail at $25,000. Bail was posted later that day and Hill was released from custody. With the exception of being handcuffed, Hill does not contend he was physically mistreated during his arrest or time in custody.

After Hill was taken to jail, Dickenson II, Wynn, and Pacione continued to search Hill's trailer and the surrounding outbuildings. They located a number of tools they believed were stolen and called in Richardson to confirm. Richardson had been investigating several reports of stolen property in the area and determined that numerous hand tools found in Hill's trailer and detached shop matched the descriptions of the stolenproperty. Ultimately, Dickenson Sr., Dickenson II, Richardson, Wynn, and Pacione (collectively referred to hereinafter as the "Individual Defendants") seized the narcotics, drug paraphernalia, and approximately twenty hand tools.⁸ Although Hill disputes that the hand tools were stolen, he admits that the drugs and paraphernalia were his and only contests the seizure of the tools. Hill later requested that much of the property seized during the search be returned to him. The Prosecutor agreed that the property which could not be confirmed as stolen should be released from evidence. Although Hill was given the opportunity to retrieve such property, he does not dispute that he never did so.

The charges against Hill were ultimately dismissed on April 18, 2017. Hill contends the charges "were dismissed by the government based on law enforcement's failure to search the correct address as it was listed on the search warrant, 2317 Ora Avenue." Dkt. 30, at 4. Hill does not cite any evidence to support this contention, and the record suggests that although, in his criminal case, Hill had moved to suppress the evidence seized during the search because the warrant only authorized search of 2317 Ora, the motion was never ruled upon and Hill's criminal charges were dropped...