Garay v. Liriano, 2013 U.S. Dist. LEXIS 63366

Background

Offcers Liriano and Sarita entered Garay’s apartment without a warrant to arrest two sisters; building manager Wilson unlocked the door; wrong daughter was initially arrested and handcuffed; handcuffs were moved after witness indicated mistake; Garay and Jennifer were taken into custody, Jessica later arrested outside; district and other defendants faced multiple 42 U.S.C. §1983 and common-law claims.
Plaintiffs alleged unlawful entry, unlawful/arrest, excessive force, and state-law torts including trespass and invasion of privacy; district and landlords named; prior dismissal of some claims in Garay I left only trespass and invasion of privacy against Wilson and Van Metre.
Court granted summary judgment for district on most claims, but found unlawful entry and unlawful arrests in home; dismissed district as defendant for most claims; allowed trespass and intrusion upon seclusion claims against Wilson and Van Metre to proceed or be dismissed based on lease terms; held Jessica’s street arrest supported by probable cause; held Garays’ in-home arrests unlawful and not protected by qualified immunity; denied invasion-of-privacy as to landlords due to lease authorization; Wilson/Van Metre granted summary judgment on invasion of privacy and trespass.
The court ultimately granted in part and denied in part: unlawful entry (I.a) for all plaintiffs; unlawful arrests in home (I.b) for Brenda and Jennifer Garay; excessive force (I.c) for all; II and III False Arrest/Imprisonment for Jessica only; IV IIED for all; V Malicious Prosecution for all; VII Invasion of Privacy and VIII Trespass against Wilson/Van Metre dismissed; remaining claims are I.d (search without probable cause), I.e (false reports) against officers; II, III for Brenda/Jennifer; VII, VIII against officers; and I.a, I.b partially against Jessica.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Unlawful warrantless entry into home	Garay asserted entry violated Payton and exigent-circumstances limits	Liriano/Sarita claim exigency supported by Dorman factors	Unlawful entry; no exigent circumstances; no qualified immunity
Warrantless arrests inside the home	Arrests inside home invalid without exigent circumstances	Probable cause present; exigency not required in home arrests	Arrests in home unlawful; no qualified immunity; Jessica arrest outside home supported by probable cause; Garays’ home arrests upheld as unlawful
Excessive force in arrests	Officers used excessive force against Garay and daughters	Force used was within range of reasonable arrest procedures	Excessive-force claim not proven; force deemed not excessive as a matter of law; entitlement to summary judgment for officers
False arrest/false imprisonment—Garays vs Jessica	Garays/s Daughter wrongfully arrested; damages arise from unlawful arrests	Some arrests supported by probable cause; others not	False-arrest claims for Brenda and Jennifer survive; Jessica’s arrest on street upheld; damages scope limited by separate §1983 damages rule
Trespass and invasion of privacy by Wilson/Van Metre	Entry to Garay’s unit violated possessory/invasion norms	Lease right of entry authorized by inspection clause; crime-related exceptions apply	Trespass and invasion of privacy claims against Wilson/Van Metre dismissed; lease clause authorized entry; landlords entitled to summary judgment

Key Cases Cited

Payton v. New York, 445 U.S. 573 (1980) (warrantless home entry requires exigent circumstances or consent)
McDonald v. United States, 335 U.S. 451 (1948) (high value placed on warrant requirement in home searches)
Dawkins v. United States, 17 F.3d 399 (D.C. Cir. 1994) (exigent circumstances must be proven; guarded application of exception)
Goree v. United States, 365 F.3d 1086 (D.C. Cir. 2004) (exigent-circumstances factors considered for warrantless entry)
Bashir v. Rockdale Cnty., 445 F.3d 1323 (11th Cir. 2006) (unlawful home arrest requires more than probable cause; exigency required)