Sandra Der v. Sean Connolly
2012 U.S. App. LEXIS 1338
| 8th Cir. | 2012Background
- Ders sue Deputy Connolly under §1983 and state law for warrantless entry during a welfare check on 5-year-old G.D. and alleged accompanying injuries.
- Jury found for Connolly; district court denied Ders’ motion for new trial asserting errors in jury instructions and evidentiary rulings.
- On April 22, 2008, Connolly arrived to check on the child; Sandra showed signs of intoxication and resisted entry but consent to go upstairs was given.
- Connolly observed G.D. with fever; Sandra consented to a temperature check; a PBT showed Sandra’s BAC at 0.20%.
- Connolly obtained Sandra’s ID, checked warrants, and ultimately handcuffed Sandra due to agitation and threat; Ders later sued for Fourth Amendment violations.
- District court’s burden-of-proof instruction, emergency-aid instruction, PBT admissibility, and exclusion of a similar incident were contested; the district court’s rulings were reviewed on appeal and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden of proof for consent and exigent circumstances | Ders argue burden improperly shifted to them | Connolly argues burden properly allocated | No reversible error; burden properly placed on Ders |
| Emergency-aid doctrine instruction | Emergency requires life-threatening harm per Ders | Emergency exists when immediate aid is needed per Fisher | Instruction correct; Fisher applied as immediate-aid standard |
| Admission of PBT results | PBT is unduly prejudicial substantive evidence | PBT limited to post-test reasonableness | No abuse; limiting instructions allowed PBT for post-test reasonableness only |
| Exclusion of subsequent incident evidence | Evidence relevant to Connolly’s intent | Evidence largely irrelevant and prejudicial; probative value limited | District court did not abuse discretion; exclusion affirmed |
Key Cases Cited
- Valance v. Wisel, 110 F.3d 1269 (7th Cir. 1997) (presumption of unreasonableness does not shift ultimate burden in civil §1983 actions)
- Ruggiero v. Krzeminski, 928 F.2d 558 (2d Cir. 1991) (burden may shift to defendant to rebut presumptions; plaintiff bears ultimate burden)
- Bogan v. City of Chicago, 644 F.3d 563 (7th Cir. 2011) (district court burden instruction correct; presumption of reasonableness does not transfer ultimate burden)
- Creighton v. City of St. Paul, 766 F.2d 1269 (8th Cir. 1985) (discussed allocation of burden in §1983 warrantless-entry cases (context))
- Morgan v. City of Marmaduke, 958 F.2d 207 (8th Cir. 1992) (importance of objective test in Fourth Amendment cases; intent is largely immaterial)