Anderson v. Lingenfelter
5:12-cv-00071
W.D. Ky.Jul 24, 2013Background
- Two searches of retail businesses in Hopkinsville and Oak Grove (Pizza Roma, Sunkissed Tanning, The ToyBox) led by HPD and Oak Grove PD in April 2012; plaintiffs are Luther Anderson and Anderson Investment Company (AIC) seeking §1983 and Kentucky constitutional claims, plus CALGA vicarious liability.
- Lingenfelter obtained a Pizza Roma search warrant after an officer’s tip about synthetic drugs; initial look around occurred with Keandra Anderson’s verbal consent.
- A Pizza Roma consent form was signed by Keandra after the initial look; the officers later executed the Pizza Roma warrant and seized items.
- A ToyBox warrant was obtained based on evidence from the Pizza Roma search, with Oak Grove officers assisting for security; Luther Anderson owned The ToyBox and Pizza Roma.
- Jessica Long, The ToyBox manager, was detained and searched multiple times during the ToyBox search; her attorney was present but not allowed to speak.
- The court granted summary judgment on federal claims (42 U.S.C. §1983) and remanded state-law CALGA claims to state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lingenfelter is entitled to qualified immunity for the initial Pizza Roma look around | Plaintiffs contend consent was involuntary and unlawful | Consent from Keandra valid under Schneckloth; no Fourth Amendment violation | Yes, qualified immunity, initial look lawful |
| Whether Pizza Roma warrant execution exceeded scope | Items seized beyond warrant scope violated Fourth Amendment | Seizures within express or reasonably connected scope; qualified immunity | No violation; immunity applies |
| Whether ToyBox warrant was validly particular and did not render seizure unlawful | Warrant too broad and lacking particularity | Warrant described synthetic drugs/contraband with related records; reasonable reliance | Yes, warrant facially valid; qualified immunity maintained |
| Whether seizures beyond the ToyBox warrant (cash, video equipment, safes, lingerie) were permissible | Seizures outside warrant scope violate Fourth Amendment | Items reasonably related to offense or within broad interpretive scope; proportionality considered | Seizures reasonable; qualified immunity |
| Whether detention and search of Jessica Long were permissible | Ybarra-based objections; prolonged detention unnecessary | Long’s position as manager with relation to premises justifies searches; reasonable | Yes, Long’s searches constitutional; qualified immunity |
Key Cases Cited
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (consent to search valid when voluntary; no coercion required)
- Segura v. United States, 468 U.S. 796 (U.S. 1984) (reasonableness of warrantless containment pending warrant)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (three-step qualified immunity framework; objective reasonableness)
- Merriweather v. Zamora, 569 F.3d 307 (6th Cir. 2009) (three-step test for qualified-immunity analysis; sequence not mandatory)
- Marcilis v. Township of Redford, 693 F.3d 589 (6th Cir. 2012) (evidence not described in warrant may be seized if reasonably related to offense)