Kaminsky v. Schriro

243 F. Supp. 3d 221, 2017 WL 1053840, 2017 U.S. Dist. LEXIS 39383
CourtDistrict Court, D. Connecticut
DecidedMarch 20, 2017
DocketNo. 3:14-cv-01885 (MPS)
StatusPublished
Cited by4 cases

This text of 243 F. Supp. 3d 221 (Kaminsky v. Schriro) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kaminsky v. Schriro, 243 F. Supp. 3d 221, 2017 WL 1053840, 2017 U.S. Dist. LEXIS 39383 (D. Conn. 2017).

Opinion

RULING ON MOTION FOR SUMMARY JUDGMENT

Michael P. Shea, United States District Judge.

Acting on information that Joseph Ka-minsky, Jr., was a felon in possession of three machine guns and other firearms, state and local police officers traveled to his home in Coventry, Connecticut, on December 16, 2011. After hearing a pounding on the side of his house and observing officers in the yard with their hands on their holsters, Kaminsky opened the front door, spoke to one of the local officers whom he knew, and gestured for the officer to come in. Three officers entered and, ultimately, the police seized a large quantity of guns and ammunition from the home. Kaminsky now claims that his consent to the entry was coerced, as he feared the police would kick down his front door, and [224]*224thus that the officers violated his Fourth Amendment rights by entering his property and seizing his weapons without a warrant. The local police officers have moved for summary judgment, and I must decide principally whether there is evidence in the record that would permit a reasonable juror to find that Kaminsky’s consent was coerced. I find that there is not and grant summary judgment to the local police officers with respect to the. entry into the home. I also grant them summary judgment with respect to the seizure of the firearms and ammunition, as only one of them was involved in that seizure and the evidence shows that Kaminsky voluntarily consented to the seizure. However, because the parties have not addressed in their briefs whether some of the local officers entered protected portions of Kamin-sky’s yard referred to as “curtilage” in Fourth Amendment parlance, and because there is some evidence in the record suggesting they did, I deny summary judgment to the local officers who entered Kaminsky’s yard without a warrant.

I. Background

A. Facts1

On December 16, 2011, Connecticut State Police (“CSP”) Officer Barbara Mattson received a call from FBI Agent Eric Moore about Kaminsky’s recent application to renew his federal firearms permit. (ECF No. 57-5 at 6.) Agent Moore informed Mattson that the records check conducted for the renewal revealed that Kaminsky was a convicted felon, and that the conviction was from 1964. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 1-2; Pl.’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 1-2.) Agent Moore also informed Matt-son that Kaminsky had three registered machine guns. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 3; PL’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 3.) Conn. Gen. Stat. § 53a-217 prohibits felons from possessing firearms.

Mattson then contacted members of the Coventry Police Department (“CPD”) to inform them that Kaminsky was a convicted felon and had machine guns and other firearms in his possession. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶4; PL’s L. R. 56(a)(2)' Stmt., ECF No. 65 at ¶4.) In light of this information, CPD personnel—Lt. Solenski, Sgt. Flanagan, and Officers Dexter and Opdenbrouw—accompa-nied Mattson and Connecticut State Police officers to Kaminsky’s home on December 16, 2011. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 5; PL’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶5; Amended Complaint (“Am. Compl.”), ECF No. 35 at ¶4, 25.)

When they arrived at Kaminsky’s home, Lieutenant Solenski of the CPD initially communicated with Kaminsky. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶8; PL’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 8.) Kaminsky met Solenski and CSP. Officers Mattson and Imbibo at his front door. (ECF No. 57-5 at 6.) Kaminsky, who knew Solenski and recognized him, asked “What is going on, Walt?” and why the police were there. (ECF No. 57-10 at 7.) Solenski responded that the State Police wanted “come in and look at your house” because Kaminsky had firearms, (/d; ECF No, 57-5 at 7.) Kaminsky opened the door for Solenski to enter and waved him into his home. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 12; PL’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 12.) Plaintiff does not dispute that he opened the door and waved Solenski in, but says that the action was not voluntary as he felt forced to do so. (PL’s L. R. 56(a)(2) Stmt., ECF No. 65 at [225]*225¶ 12; ECF No. 65 at 25.) According to Kaminsky, as the police approached his home, they “pounded on the side of the house like they hit it with a butt of a rifle or with their billy club.” (ECF No. 57-10 at- 5.) Kaminsky never told Solenski that he could not enter his home. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 14; Pl.’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 14.) Kaminsky does not know if Flanagan ever entered his home, and does not. know who Dexter and Opdenbrouw are or what they look like. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 16-18;. Pl.’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 16-18.) Kaminsky never saw any police officer have a drawn weapon or a long gun. (Defl’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 6-7; Pl.’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 6-7.) While police officers were at different places around the house, Kaminsky also did not see any officers with helmets on, and does not know if they were wearing bulletproof vests. (ECF No. 57-10 at 6.) The officers around the house had their hands on their pistol holsters. (Id.)

Once inside, Mattson informed Kamin-sky that he was a convicted felon; Solenski never told Kaminsky that he was a convicted felon. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 9-10; Pi’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 9-10.) No member of the Coventry Police Department told Kaminsky that he could not have weapons in his possession. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 11; Pi’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 11.) Ka-minsky explained to Mattson that his attorney was working on his felony conviction and asked her to call his attorney. (ECF No. 57-5 at 6.) Mattson called his attorney, Donald Weismari, from the kitchen, and explained that Kaminsky was unable to possess firearms because of his felony conviction. (ECF No. 57-5 at 6-7.) Weisman stated that Kaminsky would cooperate, (Id. at 7.)

After Mattson spoke with his attorney and told Kaminsky that he was a convicted felon and that it was illegal for him to possess firearms, Kaminsky agreed to turn over his firearms. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 19; Pi’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 19.) Based on the information that he was a convicted felon, Kaminsky believed that it was illegal for him to possess the firearms and' thus he intended for the officers to remove his firearms from his home. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 28-29; PL’s L. R. 56(a)(2) Stmt., ECF No. 65 at ¶ 28-29.) Kaminsky now disputes that he was in fact a convicted felon, contending that the offense for which he was convicted—unemployment fraud—was not a¡ felony in 1964. But he does not dispute that he agreed to.turn over his firearms. (Id. at ¶ 19.) The officers confiscated 36 firearms and certain ammunition. (ECF No. 57-5 at 7.) Dexter helped carry the firearms from Kaminsky’s home to police vehicles. (Def.’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 21; PL’s L. R. 56(a)(2) Stmt.,-ECF No. 65 at ¶ 21.) Hicks was not at Kaminsky’s home; he processed the firearms in the Coventry Police Department evidence and property room. (Defi’s L. R. 56(a)(1) Stmt., ECF No. 57-2 at ¶ 22-23; PL’s L. R. 56(a)(2) Stmt., ECF No; 65 at ¶ 22-23.)

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Cite This Page — Counsel Stack

Bluebook (online)
243 F. Supp. 3d 221, 2017 WL 1053840, 2017 U.S. Dist. LEXIS 39383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaminsky-v-schriro-ctd-2017.