Mark D. Jones and Theresa A. Jones v. Ron Wilhelm, Cross-Appellee

425 F.3d 455, 2005 U.S. App. LEXIS 21386, 2005 WL 2417087
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 3, 2005
Docket04-1261, 04-1605
StatusPublished
Cited by62 cases

This text of 425 F.3d 455 (Mark D. Jones and Theresa A. Jones v. Ron Wilhelm, Cross-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mark D. Jones and Theresa A. Jones v. Ron Wilhelm, Cross-Appellee, 425 F.3d 455, 2005 U.S. App. LEXIS 21386, 2005 WL 2417087 (7th Cir. 2005).

Opinions

WILLIAMS, Circuit Judge.

While executing a search warrant, Detective Ron Wilhelm and his team of officers mistakenly entered the apartment of Mark and Theresa Jones. Mr. and Mrs. Jones sued Detective Wilhelm pursuant to 42 U.S.C. § 1983 alleging a violation of their Fourth Amendment right to be free of unreasonable searches and seizures. In particular, the Joneses claimed that Wilhelm failed to take reasonable steps to discern the proper target of the warrant before execution of the warrant (“the warrant claim”) and failed to give them sufficient time to answer their door before entering (“the knock-and-announce claim”).

On the knock-and-announce claim, the district court denied Wilhelm’s motion for summary judgment. We affirm the district court’s denial of summary judgment because the alleged facts taken in a light most favorable to the Joneses indicate a violation of their clearly established rights. On the warrant claim, the district court granted summary judgment in favor of Wilhelm on qualified immunity grounds. We find, however, that Wilhelm violated the Joneses’ clearly established rights where he (1) executed a validly issued warrant he knew to be facially ambiguous; and (2) circumvented the magistrate judge and resolved the warrant’s ambiguity on his own. Therefore, we reverse the district court’s grant of summary judgment in favor of Wilhelm on qualified immunity grounds.

In addition, in evaluating the Joneses’ warrant claim, we find that the pleadings, [458]*458depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there are no genuine issues of fact regarding Wilhelm’s deprivation of the Joneses’ rights as secured by the Constitution or Wilhelm’s status as a person acting under color of state law. Thus, we grant summary judgment in favor of the Joneses on their warrant claim.

I. BACKGROUND

Mr. and Mrs. Jones live at 220 W. Burnett Avenue in Grantsburg, Wisconsin. The building at 220 W. Burnett Avenue contains two apartments on the lower level and two on the upper level. The upstairs apartments are labeled “# 1” and “# 2.” Apartment # 1 is on the north side, and apartment # 2 is on the south side. At the time of the search that led to this suit, the Joneses resided in apartment # 1, and Jody Gruenwald-Anderson occupied apartment # 2. There are two entrances to 220 W. Burnett Avenue, one in the front (west) and one in the back (east). Each entrance offers a staircase leading to the second floor. Someone who uses the front door and accompanying staircase faces east both when entering the building and when reaching the second floor. Conversely, parties using the rear door faces west both when entering the building and upon alighting at the top of the stairs.

Early in 2002 Wilhelm received a tip from Valerie Kauffman, who lived on the first floor of 220 W. Burnett Avenue, regarding drug activity in the building. Kauffman alleged that some upstairs residents were involved in drugs, but she did not specify which of the two upstairs apartments they occupied. In support of her claim, Kauffman told Wilhelm he should “just watch the [pedestrian] traffic, you will see a lot of activity in this building.” In response, Wilhelm performed surveillance on the building for approximately ten nights. During his surveillance, Wilhelm observed visitors enter the building from both entrances. Wilhelm could also see “shadows” moving in apartment # 1, but he could not see into apartment #2, as its windows were covered with blankets.

The parties dispute what Wilhelm actually saw during his surveillance. Wilhelm testified in his deposition that he saw numerous people use the back door, while only a few used the front door. Furthermore, he stated that every time someone entered through the back door at night, he would observe activity in apartment # 1. He also acknowledged that this activity may have been non-drug related. Mr. Jones contends that Wilhelm could have made no such observations, as only a neighbor for whom Jones provided child care and the neighbor’s child ever used the back door, which offered no working doorbells and was regularly kept locked.

Some time after Wilhelm’s surveillance, Detective Tracy Finch received a tip from a confidential informant indicating that Jody Gruenwald-Anderson of 220 W. Burnett Avenue was manufacturing methamphetamine. The informant described Gru-enwald-Anderson’s apartment as being on the second floor on the right. Detective Finch obtained a warrant to search the apartment in question, but the warrant did not list Gruenwald-Andersoris name. Instead, it instructed officers to search “the upstairs apartment on the right” at 220 W. Burnett Avenue.

Finch then provided the warrant to Wilhelm for Wilhelm to execute and gave him the name of the target; Wilhelm would later recall it as either “Jody Gruenwald” or “Jody Anderson.” Wilhelm then assembled a group of officers to execute the warrant and met the officers at the Grantsburg Village Police Department before driving to the apartment building to [459]*459execute the warrant. After leaving the police department, but before arriving at the apartment building, Wilhelm realized that the building described in the search was the same building he had previously surveilled. Based on his earlier surveillance, Wilhelm was aware there were two staircases facing opposite directions in the building, and, he realized that the warrant was unclear where it directed the team to the “upstairs apartment on the right.”

Wilhelm, however, clarified the warrant himself by reaching two conclusions. First, Wilhelm concluded that the activity he had observed in apartment # 1 which corresponded to the pedestrian traffic at the back door at night corroborated Kauff-man’s allegation that there was a lot of drug activity in the building. By Wilhelm’s logic, only the alleged drug lab could have caused the increased nightly traffic at the building’s back door, and because all of the nightly traffic coincided with activity in apartment # 1, apartment # 1 was the most likely location for the lab. Second, Wilhelm reasoned that since most people used the building’s rear entrance regardless of their intentions, the informant’s reference to an upstairs apartment “on the right” probably meant on the right as viewed from the top of the rear stairs. This conclusion also pointed Wilhelm toward apartment # 1, the Joneses’ home.

Armed with these assumptions, Wilhelm arrived at the building to execute the warrant. Notwithstanding his determination that the warrant was directed to the back door, Wilhelm opted to enter 220 W. Burnett Avenue through the front door. Just inside the front door were doorbells with names and apartment numbers on them. It is undisputed that Gruenwald-Anderson’s bell bore her name and the number of her apartment at that time. Wilhelm, however, did not read the labels on the door-bells because he was certain that he had targeted the correct apartment.

In his deposition, Wilhelm testified that the team followed standard operating procedure during the raid. After he went in the front door, Wilhelm led his team to the first set of stairs. Once at the top of the stairs, the team went to apartment # 1, which was on the left, but would have been on the right if the team had used the back entrance and stairs. On Wilhelm’s order, a member of the team, Deputy Steven Sacharski, knocked, called out “police, search warrant,” and kicked in the door.

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Bluebook (online)
425 F.3d 455, 2005 U.S. App. LEXIS 21386, 2005 WL 2417087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-d-jones-and-theresa-a-jones-v-ron-wilhelm-cross-appellee-ca7-2005.