Ruggiero v. Krzeminski

• Decision Date: 18 March 1991
• Docket Number: Nos. 600,666 and 696,D,s. 600
• Citation: 928 F.2d 558
• Parties: Deborah RUGGIERO, Christine Ruggiero and Joseph Ruggiero, Plaintiffs-Appellees, Cross-Appellants, v. Anthony KRZEMINSKI and Charles Lemons, Individually and in their official capacities as Officers in the Police Department of New Haven, Connecticut, Defendants- Appellants, Cross-Appellees. ockets 89-9257, 90-7093 and 90-7515.
• Court: U.S. Court of Appeals — Second Circuit

Page 558

928 F.2d 558

Deborah RUGGIERO, Christine Ruggiero and Joseph Ruggiero Plaintiffs-Appellees, Cross-Appellants, v. Anthony KRZEMINSKI and Charles Lemons, Individually and in their official capacities as Officers in the Police Department of New Haven Connecticut Defendants- Appellants Cross-Appellees.

Nos. 600, 666 and 696, Dockets 89-9257, 90-7093 and 90-7515.

United States Court of Appeals, Second Circuit.

Argued Nov. 15, 1990.

Decided March 18, 1991.

Martin S. Echter, Deputy Corp. Counsel, New Haven, Conn., for defendants-appellants-cross-appellees.

John R. Williams (Williams and Wise, New Haven, Conn., of counsel) for plaintiffs-appellees-cross-appellants.

Before FEINBERG, PIERCE and MINER, Circuit Judges.

MINER, Circuit Judge:

Defendants-appellants Officers Krzeminski and Lemons (the "Officers") appeal from a judgment for nominal damages and attorney's fees entered in the United States District Court for the District of Connecticut (Eginton, J.) following a jury trial in a civil rights action predicated on an illegal search and seizure conducted in the home of plaintiffs-appellees. Responding to special interrogatories submitted by the court, the jury found that there had been a consent to the entry of the premises and that the seizure of certain objects within the premises was permissible under the doctrine of "plain view" and by consent. However, the jury, in further response to interrogatories, determined that a warrantless search within the premises was improper because it was neither a search incident to a lawful arrest nor one conducted with the consent of the proper party. The Officers contend on appeal that the jury should have been permitted to consider whether the search was permissible under the doctrine of "plain view" and therefore assert that the court denied the Officers a valid defense theory by failing to include the theory of "plain view" search in its special interrogatory and in its instruction. We hold that no error was committed by the district court in either the framing of its interrogatories or in its jury instruction because the doctrine of "plain view" does not validate searches conducted without a warrant.

On cross-appeal, plaintiffs-cross-appellants ("the Ruggieros") contend that the district court erred by failing to place on the Officers the burden of proving exceptions to the search warrant requirement. Instead, the judge gave the jury the customary charge with respect to the burden of proof in civil actions. We find that no error was committed by the district court in so instructing the jury, and that, in any event, the burden of proving unreasonable search in an action brought under 42 U.S.C. Sec. 1983 (1988) should be borne by those who urge unreasonableness.

BACKGROUND

At 3:54 a.m. on March 24, 1984, New Haven police officers Krzeminski and Lemons reported to an apartment in New Haven, Connecticut to investigate a possible burglary. The complainant, Anthony Signore, told the officers that several items had been taken from his apartment. Signore explained that Deborah Ruggiero ("Debra"), his girlfriend and roommate, had taken his possessions and vandalized his apartment. He provided the Officers with the address of Debra's parents' home in East Haven, Connecticut, where he believed Debra could be found, and with a list of the items allegedly stolen.

Upon arriving at the East Haven address, the Officers knocked on the back door of the Ruggieros' house. This door led directly into the kitchen of the residence. When Joseph Ruggiero, Debra's father, opened the door to see who was there, the Officers entered. The Ruggieros allege that the Officers barged into the kitchen. The Officers allege that they were invited in and offered coffee by the Ruggieros.

From the back door entranceway leading to the kitchen, the Officers testified that they had an unobstructed view of the adjoining dining room and living room directly beyond the dining room. The Officers asked to see Debra, and Joseph Ruggiero pointed to Debra, who was sitting on the stairs leading to the upstairs of the house. They then inquired about the items taken from Signore's apartment, and Joseph Ruggiero pointed in the direction of the adjoining dining room and living room. Officer Lemons went into the living room and dining room and identified specific items that were on Signore's list. At some point, Christine Ruggiero, Debra's mother, telephoned the East Haven Police Department in an attempt to contact her brother, Frank Ranfone, who was an East Haven patrolman.

Eventually, Ranfone and East Haven police sergeant John Alves arrived at the Ruggiero home. Debra was given a citation for criminal mischief in the second degree, and several items allegedly stolen by Debra were taken by the Officers to the New Haven Police Department property room.

On May 28, 1985, the Ruggieros commenced this action under 42 U.S.C. Sec. 1983, claiming violations of their fourth and fourteenth amendment rights. Specifically, they claimed that the Officers had performed an illegal search and seizure and that Debra had been arrested on false charges. The court granted a partial summary judgment to defendants on the issue of false arrest. The other claims were tried before a jury.

At trial, several witnesses, including Debra, Debra's sister, Lisa Marinaccio, and Christine Ruggiero testified that Officer Lemons had opened up boxes located in the living room and dining room and searched through their contents. The testimony of Joseph Ruggiero, as well as that of Officer Krzeminski, revealed that the boxes were closed prior to the search. Officer Lemons testified that certain items described in Signore's list could be seen from his position in the kitchen. Krzeminski likewise testified that the items were visible from the entranceway into the kitchen and from his vantage point inside the kitchen. Only the items observed by the Officers in this manner were seized. The contents of the boxes, apparently personal possessions belonging to Debra, were not taken.

Before the jury retired, the trial judge presented the jurors with a series of special interrogatories. The first interrogatory asked if entry into the house was justified. The jury answered that the entry was justified by "consent." The second interrogatory, under the caption "search", asked whether the "defendants [had] consent to search?" and whether the "defendants confin[ed] their search to the area under the immediate control of the arrestee?". The jury answered "no" to both. A third interrogatory asked whether the "defendants [had] consent to seize the property?" and whether the "defendants seiz[ed] the property pursuant to the 'plain view' exception?". The jury answered that the seizure was justified by both "consent" and by the "plain view" exception. On the issue of search, the Officers requested that the district court instruct the jury that "if an officer is legally on the premises he may search for items ... if they are in plain view." The interrogatory proposed by the Officers included the question, "Did the defendants see the disputed personal property in 'plain view'?". The trial judge rejected the Officers' proposed special interrogatory and their proposed jury charge.

Although the jury found that the Ruggieros suffered no compensatory damages by reason of the illegal search, the trial judge directed the award of nominal damages in the sum of one dollar. Finally, the trial judge found that the Ruggieros were prevailing parties within the meaning of 42 U.S.C. Sec. 1988 and accordingly awarded them attorney's fees. Both plaintiffs and defendants made various motions for post-trial relief, all of which were denied by the trial judge.

DISCUSSION

"Plain view" search

The Officers contend that no unlawful search occurred, and thus the trial court deprived them of a valid defense theory by rejecting their proposed jury instruction and special interrogatory. They maintain that, by only asking the jury whether the Ruggieros consented to a search or whether the search was incident to an arrest without also asking whether a search occurred at all, the court restricted the jury's ability to find in their favor. To enable the jury properly to consider their defense theory, they submitted an interrogatory that would have asked whether the search was legal under the "plain view" doctrine; specifically, they wished to include a question under the caption "search" that asked whether "the defendants [saw] the disputed personal property in 'plain view'?". They requested a jury instruction that "if an officer is legally on the premises he may search for items ... if they are in plain view."

The trial court is given broad discretion in framing interrogatories under Fed.R.Civ.P. 49(a). Cutlass Prods., Inc. v. Bregman, 682 F.2d 323, 327 (2d Cir.1982); Cann v. Ford Motor Co., 658 F.2d 54, 58 (2d Cir.1981), cert. denied, 456 U.S. 960, 102 S.Ct. 2036, 72 L.Ed.2d 484 (1982). However, such discretion "cannot be exercised in a manner [that] withdraws from the jury's consideration a valid theory of defense upon which defendant has produced sufficient evidence." Cutlass Productions, 682 F.2d at 328-29; see Ajax Hardware Mfg. Corp. v. Industrial Plants Corp., 569 F.2d 181, 187 (2d Cir.1977). The validity of special interrogatories may be assessed by considering them in conjunction with the jury instructions. See Cutlass Productions, 682 F.2d at 327. Additionally, "to put a trial court in error for declining to grant a requested charge, the proffered instruction must be accurate in every respect." United States v. Leonard, 524 F.2d 1076, 1084 (2d Cir.1975), cert. denied, 425 U.S. 958, 96 S.Ct. 1737, 48 L.Ed.2d 202 (1976).

The "plain view" doctrine is a well-recognized exception to the fourth amendment warrant requirement. Texas v. Brown, 460 U.S. 730, 735, 103 S.Ct. 1535, 1539, 75 L.Ed.2d 502 (1983); Coolidge v. New Hampshire, 403 U.S. 443, 465, 91 S.Ct. 2022, 2037, 29...