Howard v. Town of DeWitt
5:12-cv-00870
N.D.N.Y.May 19, 2015Background
- Arrest of Tiffany Howard in DeWitt, NY, April 9, 2011, following a custody dispute over her daughter A.M.
- Officers entered Howard's apartment without a warrant to check welfare after being unable to reach A.M.'s father and after persistent knocking.
- Defendants claimed exigent circumstances and sought to check on A.M.; Howard denied danger and refused entry.
- Jury found for defendants on unreasonable search and seizure and false arrest claims; court denied motions for judgment as a matter of law and for a new trial.
- Procedural posture: case initially removed from state court; trial concluded with plaintiffs' post-trial motions; court now denies JMOL and new-trial requests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exigent circumstances justified warrantless entry? | Howard; no danger shown, no distress of child, no urgent need. | Defendants; missed drop-off, child welfare concern, and inconsistent responses created urgency. | Exigent circumstances supported warrantless entry; entry was reasonable. |
| Probable cause to arrest Howard for obstruction of governmental administration? | Howard; no physical interference; no basis for obstruction charge. | Howard refused direct police orders; such refusal supports obstruction charge. | Probable cause existed; arrest supported by lawfulness of order and context. |
| Whether the verdict slip and instructions were fundamentally faulty warranting a new trial? | Vindicated by error in verdict form shifting burden; misstatement of law. | No fundamental error; verdict form consistent with instructions. | No fundamental error; denial of new trial affirmed. |
Key Cases Cited
- Posr v. Court Officer Shield No. 207, 180 F.3d 409 (2d Cir. 1999) (exigent circumstances require urgent need to render aid or act)
- Gordils v. United States, 982 F.2d 64 (2d Cir. 1992) (exigent circumstances examined in totality of circumstances)
- Hurlman v. Rice, 927 F.2d 74 (2d Cir. 1991) (mere possibility of danger is insufficient for exigent circumstances)
- Lennon v. Miller, 66 F.3d 416 (2d Cir. 1995) (definition of obstruction of governmental administration)
- Johnson v. City of New York, 2008 WL 4450270 (S.D.N.Y. 2008) (probable cause to arrest for obstructing when orders to open door were not complied with)
- Caruso v. Forslund, 47 F.3d 26 (2d Cir. 1995) (exigent circumstances and larger context inform reasonableness of warrantless entry)
- DLC Mgmt. Corp. v. Town of Hyde Park, 163 F.3d 124 (2d Cir. 1998) (review on a new-trial motion for egregiousness; credibility not easily disturbed)
- Raedle v. Credit Agricole Indosuez, 670 F.3d 411 (2d Cir. 2012) (weight of evidence standard for new-trial motion; rare regard for credibility)
- Dunlap-McCuller v. Riese Organization, 980 F.2d 153 (2d Cir. 1992) (standard for granting new trial when verdict is egregious)
- Kentucky v. King, 131 S. Ct. 1849 (U.S. 2011) (exigent circumstances exception to warrant requirement)