Justin Hammett v. Paulding County, Georgia

875 F.3d 1036
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 17, 2017
Docket16-15764
StatusPublished
Cited by18 cases

This text of 875 F.3d 1036 (Justin Hammett v. Paulding County, Georgia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Justin Hammett v. Paulding County, Georgia, 875 F.3d 1036 (11th Cir. 2017).

Opinions

BLACK, Circuit Judge:

On October 17, 2012, police officers'Joey Horsley, Nathalie Whitener, and Joseph Mayfield, defendants-appellees in this ease, executed a search warrant at a private residence in Hiram, Georgia, intending to seize methamphetamines suspected to be in the possession of Brenda Van Cleve. During the execution of the warrant, a confrontation ensued. Each of the officers fired one shot, two of which struck Daniel Hammett, Van Cleve’s husband. Hammett died from his injuries, and plaintiff-appellant Justin Hammett (Plaintiff) brought this suit on behalf of Hammett’s estate. The complaint alleges the officers used excessive force against Hammett in violation of the Fourth' Amendment. The district court granted summary judgment, determining the officers were entitled to qualified immunity. Plaintiff appealed, and we affirm.

I. BACKGROUND

A.The Hammett Household

At the time of his death, Daniel' Hammett was married to Brenda Van Cleve. The two lived together in a house on Nebo Road with their son Clyde Dillon Hammett (Clyde), who was seventeen years old and in high school at the time of the incident. Together, Hammett and Van Cleve lived on Hammett’s disability benefits of $650-$700 per month, plus Hammett’s earnings from occasional repossession work he did for his son, Justin Hammett. Van Cleve was not otherwise employed.

The Nebo Road residence is a small, one-story, three-bedroom house. A floor plan of the house and photos of the interi- or taken the day of the events giving rise to this suit are attached as an appendix to this opinion.1 Hammett and Van Cleve covered all the windows and the front door with sheets of plastic and blankets, which they affixed to the walls with packing tape. See Appendix at 11-14, 16, 18-19. They did not typically keep the lights on in the living room, kitchen, or hallway. Because the front door was sealed with tape, the family used the carport door for entry and exit. See id. at 3-5, 11, 14. The carport door leads into the' kitchen and dining area, which is Connected to the family room and from there the rest of the house by an archway. See id. at 1, 5-8, 12, The family hung a blanket in the archway for climate control purposes. See id. at 7-8. As a result of these measures, there was very little natural or artificial light in the interior of the house.

B. Van Cleve’s Drug Activity

In October 2012, Van Cleve was addicted to methamphetamines. She had smoked meth regularly since the early 1990s, resulting in multiple convictions and various stints in prison. Van Cleve also frequently smoked marijuana. She was the only chronic drug user in the household. Hammett and Van Cleve used meth together in the mid-1990s and were incarcerated for doing so. Hammett had not used meth since, though at the time of his death he was taking oxycodone, and other medications as directed by a doctor to treat his many health problems. Clyde stayed, away from drugs entirely.

C. The Search Warrant

Van Cleve’s meth use led to the events giving rise to this lawsuit. She was able to sustain her habit at no cost by having the drug “fronted” to her (i.e., receiving the meth without having to pay up front), selling a portion at a markup, and keeping the remainder for .her own consumption.' Van Cleve’s drug activity eventually attracted the attention of law enforcement. Joey Horsley (Horsley), an agent with the Paulding County Sheriffs Office assigned to the Haralson-Paulding Drug Task Force, received information over the course of the several months preceding the incident that Van Cleve was selling meth from the carport of the Nebo Road residence. Horsley recruited a confidential informant to make a controlled purchase from her. The informant did so, successfully obtaining forty dollars’ worth of meth from Van Cleve, which was recorded op video. Horsley subsequently applied for a warrant to search the house and on October 16, 2012, he obtained it. Horsley expected Van Cleve was a small-time dealer but thought that he might be able to track down her supplier by searching the house.

D. The Search

The search took place on Wednesday, October 17, 2012. At around 2:15 p.m., Horsley briefed the search team at the Paulding County Sheriffs Office. He advised the agents and deputies that the target of the search was Van Cleve and that there was no intelligence as to whether firearms were present at the house. As they prepared to execute the search warrant, the officers met in the parking lot of a grocery store near the Nebo Road residence. Members of the search team donned tactical bullet-proof vests, each bearing the designation “SHERIFF” or “POLICE” in large letters on the front and back. Among the group of officers were Nathalie Whitener (Whitener) and Joseph Mayfield (Mayfield), defendants-appellees in this case. Whitener wore a vest similar to Horsley’s, with identical identifying markers, including the word “SHERIFF” emblazoned on the front and back in large letters. Officers Brian Rutherford (Rutherford), Mike Blackmon, Seth Cook, Scott Veal, and Jimmy Motes, none of whom are defendants in this case, accompanied Horsley, Whitener, and May-field to execute the search warrant. All of the officers wore police gear or uniforms easily identifying them as law enforcement. After the briefing, the officers drove to the Nebo Road residence in multiple marked and unmarked police cars and parked the vehicles in the driveway at around 3:15 p.m.

Horsley did not anticipate any violent resistance from Van Cleve and the warrant did not contain a no-knock clause, so he and the other officers approached the house in an unhurried manner. When Horsley reached the carport door, he began knocking and announcing “Sheriffs Office, search warrant” in a loud but non-yelling .voice. See Appendix at 3, 5. The other officers, including Whitener, May-field, and Rutherford, lined up behind Horsley next to the door in a “stack” as Horsley repeatedly knocked and announced “Sheriffs Office,” which continued for between fifteen and thirty seconds. No one inside the house answered.

Having received no response, Horsley tried the doorknob and found it was unlocked. He called out “Sheriffs Office” again through the open door and asked if anyone was home. Still no one answered, so Horsley entered, followed by the other officers. The police had their firearms drawn and in the low-ready position, which is standard operating procedure in the execution of a search warrant in Paulding County. On entering the residence, the officers found it was very dark because there were no lights on in the kitchen, living room, or hallway, and there was no natural light because all the windows were covered.2 The officers did not turn on any lights as they moved through the house.3 The officers continued to call out “Sheriffs Office, search warrant” as they moved through the house. Still they received no answer.

The officers cleared the kitchen. See id. at 5-7. Horsley, followed by Whitener and Rutherford, moved through the blanket-covered opening into the living room. See id. at 7-8 (showing the blanket on the floor and the doorway in which it hung during the search). Horsley turned to the left toward a hallway leading to the home’s bedrooms and bathroom.

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875 F.3d 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/justin-hammett-v-paulding-county-georgia-ca11-2017.