Glenda Smith v. City of Wyoming
821 F.3d 697
| 6th Cir. | 2016Background
- Smith (mother) had multiple police encounters after reports that she was intoxicated or threatened/neglected her minor daughters (incidents on Mar. 9, 2012; Apr. 2, May 2, and Dec. 7, 2013).
- Mar. 9, 2012: Officers arrived after a child-services report; a friend opened the door; officers entered; Smith says they were not invited in and were told she was unavailable; police arranged for children to stay with father.
- Apr. 2, 2013: Father called 9-1-1 after daughter reported an unknown man in house; officers entered after daughter opened door, went upstairs, asked Smith to step out; an officer grabbed Smith’s hand, she pulled away, was arrested for obstructing official business; charges later dropped.
- May 2, 2013: Daughter called 9-1-1 claiming mother threatened to kill her; officers entered after daughter opened/answered door; officers mediated and left.
- Dec. 7, 2013: Officer Riggs conducted a knock-and-talk about an alleged bruise; Smith tried to close the door and claims Riggs briefly put his foot in the doorway; no entry beyond the threshold asserted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unlawful entry — Mar. 9, 2012 | Smith: officers entered without consent after she and guest told them she was unavailable | Officers: guest consented; alternatively exigent circumstances existed | Court: disputed fact whether guest consented; no exigency shown — entry violated Fourth Amendment; qualified immunity denied; judgment vacated and remanded |
| Unlawful entry — Apr. 2 & May 2, 2013 | Smith: entries were unlawful because she (the occupant) did not consent | Officers: entries based on 9-1-1 calls and apparent consent from daughter; exigent circumstances | Court: facts made it reasonable for officers to believe they had authority (emergency calls, daughter opened door) — qualified immunity applies; summary judgment for defendants affirmed |
| Unlawful entry — Dec. 7, 2013 (foot in doorway) | Smith: officer prevented her from closing door by putting foot in threshold, constituting an unlawful entry | Officer: brief minimal intrusion during consensual knock-and-talk; no Fourth Amendment violation | Court: no clearly established law that a brief foot-in-door during consensual encounter violates the Fourth Amendment; qualified immunity applies; summary judgment for defendants affirmed |
| Unlawful arrest — Apr. 2, 2013 (obstructing official business) | Smith: she complied, only pulled hand away when officer grabbed it unexpectedly; no affirmative obstructive act | Officers: pulling away constituted obstruction and justified arrest | Held: under Ohio law obstruction requires an affirmative obstructive act; on Smith’s version withdrawal was not such an act and did not create probable cause — arrest unlawful; qualified immunity denied; judgment vacated and remanded |
| Excessive force — Apr. 2, 2013 (grabbing/handcuffing) | Smith: force was disproportionate and caused bruising and distress | Officers: force was minimal and reasonable for arrest/escort; no injury requiring relief | Court: record does not show physical injury or complaints sufficient for an excessive-force claim; no genuine dispute — summary judgment for defendants affirmed |
Key Cases Cited
- Welsh v. Wisconsin, 466 U.S. 740 (Sup. Ct.) (home entry is the chief evil against which Fourth Amendment is directed)
- Payton v. New York, 445 U.S. 573 (Sup. Ct.) (warrant required to enter home absent exigent circumstances)
- Schneckloth v. Bustamonte, 412 U.S. 218 (Sup. Ct.) (consent validity judged under totality of circumstances)
- Matlock v. U.S., 415 U.S. 164 (Sup. Ct.) (third-party with common authority may consent to search)
- Georgia v. Randolph, 547 U.S. 103 (Sup. Ct.) (present occupant’s refusal can defeat co-occupant’s consent)
- Brigham City v. Stuart, 547 U.S. 398 (Sup. Ct.) (exigency where officers observe or reasonably believe imminent injury)
- Pearson v. Callahan, 555 U.S. 223 (Sup. Ct.) (qualified immunity framework)
- Kyllo v. United States, 533 U.S. 27 (Sup. Ct.) (no de minimis exception for home intrusions)
- Silverman v. United States, 365 U.S. 505 (Sup. Ct.) (even slight unauthorized intrusion into home is an intrusion)
- Graham v. Connor, 490 U.S. 386 (Sup. Ct.) (objective reasonableness test for excessive force)
- Lyons v. City of Xenia, 417 F.3d 565 (6th Cir.) (speech alone generally insufficient for obstruction; context matters)