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Haskell Greer v. City of Highland Park, Mich.
884 F.3d 310
6th Cir.
2018
Read the full case

Background

  • At ~4:00 a.m. on Oct. 29, 2014, ~13 masked SWAT officers executed a search of the Greer family's home; officers blew the door open with a shotgun and did not knock or announce.
  • Family members were ordered to kneel at gunpoint; a nephew (overnight guest) was handcuffed after being brought up from the basement.
  • The officers refused repeated requests to show the search warrant and did not leave a copy after the search.
  • Highland Park PD executed the search seeking a former resident (Vitaliy Strugach) and narcotics-related evidence; neither the suspect nor contraband was found.
  • The Greers sued under 42 U.S.C. § 1983 claiming either an invalid warrant or unreasonable execution of a valid warrant; individual officers moved for judgment on the pleadings based on qualified immunity, which the district court denied.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the officers violated the Fourth Amendment by executing the warrant (knock-and-announce and presentation of warrant) Greers: officers forcibly entered without knocking/announcing at 4:00 a.m., refused to show the warrant — making the search unreasonable Officers: execution was lawful (implied: reliance on warrant/procedures justified entry and actions) Court: Complaint plausibly alleges unconstitutional execution (failure to knock/announce at night; refusal to present warrant)
Whether officers are entitled to qualified immunity Greers: right to reasonable execution (knock-and-announce; show warrant) was clearly established; a reasonable officer would know it was unlawful Officers: qualified immunity at pleading stage should apply; complaint insufficiently ties acts to specific officers Court: Right was clearly established; pleading sufficed despite masked officers because defendants concealed identities and were identified as the executing officers — immunity denied

Key Cases Cited

  • United States v. Spikes, 158 F.3d 913 (6th Cir. 1998) (knock-and-announce rule and reduced but not eliminated wait when drugs present)
  • Hudson v. Michigan, 547 U.S. 586 (2006) (common-law knock-and-announce principle affirmed)
  • Camara v. Municipal Court, 387 U.S. 523 (1967) (search warrant’s purpose includes informing occupants of authority to search)
  • Baranski v. Fifteen Unknown Agents of Bureau of Alcohol, Tobacco & Firearms, 452 F.3d 433 (6th Cir. 2006) (withholding warrant is relevant to reasonableness of search)
  • Burley v. Gagacki (Burley I), 729 F.3d 610 (6th Cir. 2013) (masked officers concealing identities limits plaintiffs’ ability to plead specifics; does not mandate dismissal)
  • Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework)
  • Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity protects officials unless they violate clearly established rights)
  • Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment reasonableness standard)
Read the full case

Case Details

Case Name: Haskell Greer v. City of Highland Park, Mich.
Court Name: Court of Appeals for the Sixth Circuit
Date Published: Mar 2, 2018
Citation: 884 F.3d 310
Docket Number: 17-1281
Court Abbreviation: 6th Cir.