Dodd v. Doe

118 F. Supp. 2d 777, 2000 U.S. Dist. LEXIS 16492, 2000 WL 1610622
CourtDistrict Court, E.D. Michigan
DecidedAugust 14, 2000
DocketNo. 99-CV-71824
StatusPublished

This text of 118 F. Supp. 2d 777 (Dodd v. Doe) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dodd v. Doe, 118 F. Supp. 2d 777, 2000 U.S. Dist. LEXIS 16492, 2000 WL 1610622 (E.D. Mich. 2000).

Opinion

ORDER

JULIAN ABELE COOK, Jr., District Judge.

On March 7, 2000, the Defendants, Jennifer Barczewski and Bonita Lett, filed a motion in which they ask the Court to enter a summary judgment in their favor. In particular, they assert that they are shielded from the claims by the Plaintiff, M. Dodd (to wit, that they acted in violation of Dodd’s rights under the Fourth Amendment) by the doctrine of qualified immunity. Dodd opposes the Defendants’ requested relief. For the reasons that have been set forth below, the Court will grant in part and deny in part the instant motion.

I

Federal Rule of Civil Procedure 56, which governs summary judgment motions, provides, in part, that:

[t]he judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Fed.R.Civ.P. 56(c). The moving party has the burden of demonstrating that there is no genuine issue as to any material fact, and summary judgment is to be entered if the evidence is such that a reasonable jury could find only for the moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “[Tjhere is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a [779]*779verdict for that party.” Anderson, 477 U.S. at 250, 106 S.Ct. 2505.

In assessing a summary judgment motion, the Court must examine any pleadings, depositions, answers to interrogatories, admissions, and affidavits in a light that is most favorable to the non-moving party. Fed.R.Civ.P. 56(c); see United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962); Boyd v. Ford Motor Co., 948 F.2d 283, 285 (6th Cir.1991); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984). It is not the role of the Court to weigh the facts. 60 Ivy Street Corp. v. Alexander, 822 F.2d 1432, 1435-36 (6th Cir.1987). Rather, it is the duty of the Court to determine “whether ... there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.” Anderson, 477 U.S. at 250, 106 S.Ct. 2505.

When a summary judgment motion is predicated on a factual issue and is adequately supported, the non-moving party must take some affirmative action to avoid the entry of a summary judgment. Fed.R.Civ.P. 56(e). The mere existence of a scintilla of supporting evidence is insufficient. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1477 (6th Cir.1989). Additionally, a party’s failure to make a showing that is “sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial” mandates the entry of summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

II1

On August 4,1997, Dodd returned to the United States from a business trip in Malaysia. It is Dodd’s position that, upon her arrival at the Detroit Metropolitan Airport, she was subjected to an unconstitutional search and seizure by the Defendants, all of whom are employees of the United States Customs Service (“Customs”). Dodd maintains, among other things, that she was subjected to strip and body cavity searches. The Defendants deny these allegations.

Border searches by Customs officials, such as the one in the instant litigation, are “a longstanding, historically recognized exception to the Fourth Amendment’s general principle that a warrant must be obtained.” United States v. Ramsey, 431 U.S. 606, 621, 97 S.Ct. 1972, 52 L.Ed.2d 617 (1977). In fact, Customs officials have specific statutory authorization to detain travelers for the purposes of a Customs inspection. 19 U.S.C. §§ 482, 1582; 19 C.F.R. § 162.7. Thus, “[rjoutine searches of the persons and effects of entrants are not subject to any requirement of reasonable suspicion, probable cause, or warrant .... ” United States v. Montoya de Hernandez, 473 U.S. 531, 538, 105 S.Ct. 3304, 87 L.Ed.2d 381 (1985). However, non-routine searches, such as strip searches and body cavity examinations, require a showing of a reasonable suspicion. Spear v. Sowders, 71 F.3d 626, 630 (6th Cir.1995). Reasonable suspicion constitutes “specific objective facts upon which a prudent official, in light of his experience, would conclude that illicit activity might be in progress.” Id. at 631.

In the present motion, the Defendants assert that they are shielded from liability under the doctrine of qualified immunity. This doctrine provides that “governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzger-[780]*780old, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). A right is clearly-established when it is recognized in preexisting case law, either in controlling precedent or “relevant caselaw ... to determine whether at the time of the alleged acts a sufficient consensus had been reached indicating that the official’s conduct was unlawful.” Cleveland-Perdue v. Brutsche, 881 F.2d 427, 431 (7th Cir.1989).

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Related

United States v. Diebold, Inc.
369 U.S. 654 (Supreme Court, 1962)
United States v. Ramsey
431 U.S. 606 (Supreme Court, 1977)
Harlow v. Fitzgerald
457 U.S. 800 (Supreme Court, 1982)
United States v. Montoya De Hernandez
473 U.S. 531 (Supreme Court, 1985)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
United States v. Mary Ann Himmelwright
551 F.2d 991 (Fifth Circuit, 1977)
United States v. Steven Smith
557 F.2d 1206 (Fifth Circuit, 1977)
United States v. Rhoda Ogberaha, Kudirat F. Ayinde
771 F.2d 655 (Second Circuit, 1985)
United States v. Shepard
930 F. Supp. 1189 (S.D. Ohio, 1996)
Adedeji v. United States
782 F. Supp. 688 (D. Massachusetts, 1992)
Spear v. Sowders
71 F.3d 626 (Sixth Circuit, 1995)
Cleveland-Perdue v. Brutsche
881 F.2d 427 (Seventh Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
118 F. Supp. 2d 777, 2000 U.S. Dist. LEXIS 16492, 2000 WL 1610622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodd-v-doe-mied-2000.