William Grise v. Ronald Allen
714 F. App'x 489
| 6th Cir. | 2017Background
- On Jan 2, 2011, Madison County Deputy Ronald Allen responded to a 911 report of gunshots at Dr. William Grise’s rural home; Dr. Grise admitted firing his shotgun into the ground to quiet a neighbor’s dog.
- Deputy Allen confronted Dr. Grise at the door; a disputed scuffle occurred as Dr. Grise re-entered the house, and Mrs. Mary Grise (partially paralyzed) fell in the doorway.
- Deputy Allen arrested Dr. Grise outside the home, called EMS for Mrs. Grise, then walked through the living room, dining room, and kitchen, seeing legally owned firearms and a bottle of wine.
- Criminal charges were later brought; at an earlier hearing Dr. Grise had (contestedly) stipulated to probable cause in exchange for dismissal—Madison District Court and subsequent state courts found the stipulation binding.
- Dr. and Mrs. Grise sued under § 1983 and Kentucky law for false arrest, malicious prosecution, unlawful search, abuse of process, failure to train, negligent hiring/retention, and outrage; district court granted summary judgment to defendants largely based on judicial estoppel (for Dr. Grise) and on emergency-aid/protective-sweep doctrines (for Mrs. Grise).
- The Sixth Circuit affirmed: it applied judicial estoppel to bar Dr. Grise from denying probable cause and held Deputy Allen’s entry/search of the home was justified by the emergency-aid exception and a limited protective sweep, with qualified immunity as an alternative ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dr. Grise can deny probable cause in civil suit after stipulating to probable cause in criminal proceeding | Grise: he never intended or validly stipulated; therefore he can contest probable cause in civil suit | Defendants: the prior stipulation (and state court finding) binds Grise; judicial estoppel prevents reversal | Judicial estoppel applies; Grise cannot contest probable cause in civil case, so claims requiring lack of probable cause fail |
| Whether alleged arrest, prosecution, and related torts require absence of probable cause | Grise: lack of probable cause underlies false arrest, malicious prosecution, abuse of process, illegal search, outrage | Defendants: stipulation establishes probable cause, defeating those claims | Because Grise is estopped from denying probable cause, those claims fail under federal and Kentucky law |
| Whether Deputy Allen’s warrantless entry to home was unlawful search (Fourth Amendment) | Grises: entry and subsequent look through rooms exceeded authority and was investigatory | Defendants: entry justified by emergency-aid exigency; brief look justified as protective sweep to secure scene | Entry justified under emergency-aid exception; limited protective sweep was objectively reasonable; defendants entitled to qualified immunity |
| Whether Mrs. Grise has state-law remedy for alleged violation of Kentucky Constitution | Mrs. Grise: sought state-law search claim (no stipulation) | Defendants: Kentucky does not recognize private cause of action for violations of state constitution | No private right of action under Kentucky law; state-law search claim dismissed |
Key Cases Cited
- United States v. Diebold, 369 U.S. 654 (general summary-judgment inference rule and citation of the rule to draw inferences for nonmoving party)
- New Hampshire v. Maine, 532 U.S. 742 (judicial estoppel factors and rationale)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Michigan v. Fisher, 558 U.S. 45 (emergency-aid/community-caretaking exception to warrant requirement)
- Maryland v. Buie, 494 U.S. 325 (protective sweep doctrine)
- Payton v. New York, 445 U.S. 573 (warrantless entry presumptively unreasonable; exigent-circumstances exceptions)
- United States v. Williams, 354 F.3d 497 (6th Cir.; exigent-circumstances context)
- Fridley v. Horrighs, 291 F.3d 867 (probable cause element for § 1983 wrongful arrest)
- Voyticky v. Village of Timberlake, 412 F.3d 669 (Fourth Amendment probable-cause/search principles)
- Stricker v. Township of Cambridge, 710 F.3d 350 (6th Cir. case upholding protective sweep while EMS attended to victim)
- McQueen v. Beecher Community Sch., 433 F.3d 460 (supervisory liability under § 1983 requires subordinate unconstitutional conduct)
- Ten Broeck Dupont, Inc. v. Brooks, 283 S.W.3d 705 (Kentucky requires underlying tort for negligent hiring/retention)