Haskell Greer v. City of Highland Park, Mich.
884 F.3d 310
6th Cir.2018Background
- 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)
