Luster v. City of Gallatin

50 F. App'x 189
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 24, 2002
DocketNo. 01-5509
StatusPublished
Cited by1 cases

This text of 50 F. App'x 189 (Luster v. City of Gallatin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luster v. City of Gallatin, 50 F. App'x 189 (6th Cir. 2002).

Opinion

MERRITT, Circuit Judge.

This case involves a suit by William Luster against the City of Gallatin, Tennessee, and Tom Murray, individually, under 42 U.S.C. § 1983. Although in the court below, Luster appeared to raise claims based on the Fifth Amendment and on procedural due process, the only issue he raises on appeal is whether the district court erred in granting summary judgment to the defendants on his Fourth Amendment claim. In that claim, Luster asserts that the City used “excessive force” in the seizure of his property and improperly seized items outside the scope of a court order. Because we find that Luster did not create a genuine issue with respect to the reasonableness of the seizure, we affirm the district court’s grant of summary judgment in favor of the defendants. The record before us demonstrates that the City and its agents acted with restraint, even bent over backwards to follow the law, in cleaning up a property in clear violation of the City’s environmental ordinances.

Luster is the owner and operator of a commercial business known as Luster Motors, which is within the city limits of Gallatin. In October 1995, the City sued Luster to force him to bring his property into compliance with the city ordinance governing the safe maintenance of business premises. On November 4, 1996, the Sumner County Circuit Court issued a mandatory permanent injunction requiring Luster to perform certain tasks at his property within sixty days.

On July 11, 1997, the City filed a petition for contempt, asserting that Luster failed to comply with the court’s 1996 injunction. At a hearing on August 11,1997, the court found that Luster had failed to comply with the order and held him in contempt. .The court granted Luster fourteen days to purge himself of contempt. At a hearing on August 25, 1997, the court found that Luster had not purged himself of contempt and entered an order to that effect on September 19, 1997. As a result, the court authorized the City to take several steps, including removing stripped or dismantled motor vehicle frames from the premises and storing motor vehicle parts inside a building on the premises. Luster did not appeal this order, but it was not enforced until 1999, when the actions giving rise to this case were taken.

In December 1998, the City Council made Tom Murray, the City’s Public Works Director, responsible for enforcing the 1997 order. After an inspection of Luster’s property in March 1999, Murray reported that Luster’s property still did not comply with the court’s injunction. Before proceeding further, the City Council directed the city attorney to seek a clarification from the Sumner County Circuit Court regarding the meaning of the phrase “stripped or dismantled motor vehicle frames” used in the order. On April 26, 1999, the Court entered an order indicating that it intended for the phrase to encompass the definition of “abandoned vehicles” in the City’s ordinances.

On June 28, 1999, Murray arrived at Luster’s property with police officers, mechanics, and employees of an auto salvage [191]*191company retained by the City. The mechanics tested the vehicles and created a list, recording each vehicle found on the property and noting whether the vehicle was found to be abandoned within the meaning of the City ordinance. The parties dispute the nature of the inspections and the removal of the vehicles.

On June 30, 1999, Luster filed a complaint in Sumner County Chancery Court seeking injunctive relief and a temporary restraining order. The City ceased its actions while the request was pending. When the court denied Luster’s motion for a temporary restraining order later that same day, the City resumed its efforts. Luster then went to his property and requested that all vehicles deemed by the City to be abandoned be moved to the rear of his property outside the city limits rather than a salvage yard. The City agreed to this request and relocated fifty-six vehicles over the next several days.

Luster filed this suit alleging numerous violations of 42 U.S.C. § 1983 based on the City’s actions in seizing his personal property. Luster appeals the district court’s grant of summary judgment for the defendants on his claims that the City used excessive force in the seizure of his property and that the City conducted an improper seizure of his property by removing or relocating items outside the scope of the state court order.

To state a claim under 42 U.S.C. § 1983, a plaintiff must prove that the defendant, while acting under color of state law, deprived him of a right secured by the Constitution or laws of the United States. See Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980). In this case, Luster claims that the defendants infringed his rights under the Fourth Amendment, which provides in pertinent part that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const, amend. TV. This right applies with equal force in both the civil and criminal contexts. See Camara v. Municipal Court, 387 U.S. 523, 539, 87 S.Ct. 1727, 18 L.Ed.2d 930 (1967).

In United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984), the Supreme Court explained that a seizure of property occurs when “there is some meaningful interference with an individual’s possessory interests in that property.” Id. In order to be actionable, however, a seizure of property must be objectively unreasonable. See Soldal v. Cook Co., 506 U.S. 56, 71, 113 S.Ct. 538, 121 L.Ed.2d 450 (1992) (noting that “ ‘reasonableness is still the ultimate standard’ under the Fourth Amendment”).

The Soldal case is instructive on the standard to be used in evaluating the reasonableness of state seizures of property. In Soldal, the owner of a mobile home park sought to evict a delinquent tenant. In Illinois, a tenant may not be evicted without a judgment of eviction. Terrace Properties, the landowner, filed an eviction proceeding in state court but decided to evict the Soldáis forcibly two weeks prior to the scheduled eviction hearing. Terrace notified the Sheriffs Department that it was going to remove the trailer home from the park and requested the presence of sheriff deputies in the event of any difficulties. Throughout a lengthy process of disconnecting the trailer from utilities and attaching it to a tractor to be removed, the deputies knew that Terrace did not have an eviction order.

When a state judge examined the case, he ruled that the eviction had been unauthorized and ordered Terrace to return the home to the lot. The home had been severely damaged and the Soldáis brought suit under 42 U.S.C. § 1983, alleging a [192]*192violation of their Fourth Amendment rights.

The Seventh Circuit,

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Bluebook (online)
50 F. App'x 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luster-v-city-of-gallatin-ca6-2002.