Taylor v. Humphries

• Decision Date: 30 November 2005
• Docket Number: No. 1:03-CV-225.,1:03-CV-225.
• Citation: 402 F.Supp.2d 840
• Parties: Alan TAYLOR, Plaintiff, v. Rebecca HUMPHRIES, Director of the Department of Natural Resources, in her official capacity, and Paul Rose, Conservation Officer, in his official and individual capacities, Defendants.
• Court: U.S. District Court — Western District of Michigan

402 F.Supp.2d 840

Alan TAYLOR, Plaintiff, v. Rebecca HUMPHRIES, Director of the Department of Natural Resources, in her official capacity, and Paul Rose, Conservation Officer, in his official and individual capacities, Defendants.

No. 1:03-CV-225.

United States District Court, W.D. Michigan, Southern Division.

November 30, 2005.

John A. Smietanka, Grandville, MI, Steven J. Vander Ark, Grand Rapids, MI, for Plaintiff.

Mark E. Donnelly, MI Dept Attorney General, Lansing, MI, for Defendants.

OPINION

ROBERT HOLMES BELL, Chief Judge.

This matter is before the Court on the parties' cross motions for summary judgment and presents the unusual issue of whether the Fourth Amendment prohibition against "unreasonable searches and seizures" is implicated by a state conservation officer's lawful entry on to private property and subsequent "property check" of the premises. For the reasons stated below, the Court finds that Defendant Paul Rose did not conduct a Fourth Amendment "search" and thus, did not violate Plaintiff Alan Taylor's constitutional rights. Moreover, even were one to assume a constitutional violation occurred, Rose is entitled to qualified immunity. Further, the Court denies Plaintiff's request for injunctive relief. Accordingly, the Court grants summary judgment in favor of Humphries and Rose and denies Taylor's motion for summary judgment.

I.

Like many Michigan residents, Plaintiff Alan Taylor maintains a recreational cottage on one of the many rural lakes in this state. Taylor's property encompasses 240 acres on Merrill Lake and is bordered on all sides by the Manistee National Forest in rural Newaygo County, Michigan. Taylor has a log cabin and detached garage on the property. Neither structure is visible from a public road. The property is completely surrounded by a fence demarcating the boundary of Taylor's property. On the east and north property lines there is a six foot chain link fence, while along the south and west property lines there is a two strand barb wire fence. The only entrance to the property is along a seasonal two-track road from the eastern property line. The entrance to the property is an ungated opening in the chain link fence. Taylor has placed two "Private Property — No Trespassing" signs at the entrance. In addition, Taylor has installed a motion activated security camera system to monitor his property.¹ The events giving rise to this litigation were recorded by the surveillance system. A videotape of the events has been filed with the Court and has been reviewed in the preparation of this opinion.

During the early afternoon of February 20, 2002, Defendant Paul Rose, a longtime conservation officer with the state Department of Natural Resources, drove to Taylor's property to investigate a complaint regarding fence construction on the property.² Upon arriving at the entrance to Taylor's property he observed tire tracks and footprints in the snow. The tire tracks stopped at the entrance, however, the footprints appeared to lead in the direction of Taylor's residence. The footprints dissipated as Rose continued up the driveway due to the limited snow cover. Rose then drove up the driveway, parking his truck directly in front of the front door of the home. Rose immediately noticed that the curtains in the windows were not drawn. In his experience as a conservation officer, most absentee owners of rural homes close their curtains when not present and intruders open them in order to observe approaching vehicles. Thus, Rose became concerned that a trespasser may be on the property and he decided to perform a property check to determine if an intruder had entered the home.

Rose exited his truck and called out to determine if anyone was home. Upon receiving no answer in reply, he walked around the west side of the home along a paved area between the garage and residence. Rose first looked into the west windows of the home. Rose then proceeded along the north side of the home peering into the windows. Rose then returned to the west side of the home where he appeared to rattle the side door knob. Thereafter, Rose walked across the paved area to the east side of the garage in order to check the side garage door. Rose then walked around the entirety of the garage where the security camera is unable to view his actions.³ Rose then returned to the front door on the south side of the home where he left his business card and requested that Taylor contact him. Rose then proceeded along the front of the home looking in two additional windows. Rose then returned to his truck and left Taylor's property. According to the time stamp on the security camera videotape, Rose was on the property for approximately five minutes.

Thereafter Taylor found Rose's business card and contacted him. At the time of the discussion, Taylor had not reviewed the security videotape of Rose's visit to the property. During the conversation, the two men discussed the fence complaint. Rose informed Taylor there was no violation and offered Taylor his assistance in the event of any future trespassing problems. After speaking with Rose, Taylor reviewed the videotape and became outraged with Rose's conduct on his property. After contacting his attorney, Taylor sent a letter to then-director of the Department of Natural Resources, K.L. Cool, notifying him of Rose's allegedly unconstitutional conduct. Taylor enclosed a legal memorandum from his counsel, still photographs of Rose at Taylor's property, and the videotape. Director Cool responded by letter explaining his determination that Rose had not acted in an improper manner by investigating Taylor's home.

"As is customary for Officer Rose, as well as with many northern Michigan law enforcement officers, a brief property check was done. These inspections are done as a courtesy to remote property owners, and generally include a check of doors and windows to assure they are secure, and an un-intrusive view into the building's interior when possible to check for any signs of damage or problems. I believe that this practice provides an important public service ... [Officer Rose's] actions, as recorded on your videotape, were consistent with his responsibility to investigate the allegation of the fencing violation, as well as his desire to help assure the security of your valuable property. In conclusion, I am sorry that you feel Officer Rose's actions were inappropriate. You may be assured that no further security checks of your property will occur absent your request."

Exhibit E, May 28, 2002 Letter (Docket # 25). After receiving Director Cool's letter, Taylor filed the present suit seeking nominal damages and injunctive relief for violation of his United States constitutional right to be free from unreasonable searches and seizures. In addition, Taylor asserts a claim against the Director of the Department of Natural Resources for failure to properly train conservation officers.⁴ Taylor has also filed a state law trespass claim against Rose. Before the Court are the parties' cross motions for summary judgment.

II.

The standards upon which the Court evaluates a motion for summary judgment do not change simply because the parties present cross motions. Relford v. Lexington-Fayette Urban County Gov't, 390 F.3d 452, 456 (6th Cir.2004). "The fact that both parties have moved for summary judgment does not mean that the court must grant judgment as a matter of law for one side or the other; summary judgment in favor of either party is not proper if disputes remain as to material facts." Taft Broadcasting Co. v. United States, 929 F.2d 240, 248 (6th Cir.1991) (quoting Mingus Constructors, Inc. v. United States, 812 F.2d 1387, 1391 (Fed.Cir.1987)).

Summary judgment is appropriate when the record reveals that there are no issues as to any material fact in dispute and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Kalamazoo Acquisitions, L.L.C. v. Westfield Ins. Co., 395 F.3d 338, 342 (6th Cir.2005); Layne v. Bank One, Ky., N.A., 395 F.3d 271, 275 (6th Cir.2005). The standard for determining whether summary judgment is appropriate is whether "the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Tucker v. Union of Needletrades, Industrial and Textile Employees, 407 F.3d 784, 787 (6th Cir.2005) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). The Court must consider all pleadings, depositions, affidavits, and admissions on file, and draw all justifiable inferences in the favor of the party opposing the motion. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Minadeo v. ICI Paints, 398 F.3d 751, 756 (6th Cir.2005).

III.

Section 1983 imposes civil liability on any person who, acting under color of state law, deprives another person of the "rights, privileges, or immunities secured by the Constitution and laws." 42 U.S.C. § 1983, see also Myers v. Potter, 422 F.3d 347, 352 (6th Cir.2005). In this case, Taylor contends Rose, while acting under color of state law, violated the Fourth Amendment by conducting an unreasonable search of his home. Rose concedes that he was acting under color of state law in his capacity as a state conservation officer. Nevertheless, Rose denies that his conduct implicated the Fourth Amendment and also raises the affirmative defense of qualified immunity. The Court will first evaluate the merits of Rose's qualified immunity defense.

"Qualified immunity shields an officer from suit when she makes a decision that, even if constitutionally deficient, reasonably misapprehends the law governing the circumstances she confronted." Brosseau v. Haugen, 543 U.S. 194, 125 S.Ct. 596, 599, 160 L.Ed.2d 583 (2004). Put another way, a state official sued in his individual capacity, such as Rose, performing a...