Sanders v. City Of Rochester, New York

360 F. Supp. 3d 152
CourtDistrict Court, W.D. New York
DecidedFebruary 6, 2019
Docket15-CV-6074L
StatusPublished
Cited by6 cases

This text of 360 F. Supp. 3d 152 (Sanders v. City Of Rochester, New York) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanders v. City Of Rochester, New York, 360 F. Supp. 3d 152 (W.D.N.Y. 2019).

Opinion

DAVID G. LARIMER, United States District Judge

INTRODUCTION

This action is by plaintiff Chiquanda Sanders ("Sanders") against the City of Rochester (the "City"), the Rochester Police Department ("RPD"), Police Investigator Charles LoFaso ("LoFaso"), and Police Officers John Does 1-10 (the "officers")1 (collectively, the "defendants"). (Dkt. # 1). Sanders alleges claims pursuant to 42 U.S.C. Section 1983, the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, and New York State statutory and common law, all of which arise out of the execution of a no-knock search warrant at her home.

Currently pending are the parties' cross-motions for summary judgment. (Dkt. ## 35; 39).2 Both motions are opposed. (Dkt. ## 40; 41). For the reasons stated below, defendants' motion for summary judgment is granted, and Sanders's motion for summary judgment is denied. Sanders's Complaint (Dkt. # 1), therefore, is dismissed in its entirety and with prejudice.

FACTS 3

A. The Search Warrant

On December 2, 2013, the RPD began an investigation into the murder of Kemari "Mills" Hodrick, which occurred in Rochester, New York, on that day. (Dkt. # 35-1 at Ex. C). Dante "Shalanta" Rankin was the prime suspect. (Id. ). As a result of information obtained through that investigation, LoFaso presented a search warrant affidavit to Monroe County Court Judge Victoria M. Argento ("Judge Argento"), seeking a no-knock search warrant for 18 Gladstone Street, Rochester, New York, 14611 ("18 Gladstone"). (Id. at Ex. D; Dkt.

*157# 39-3 at 3-6) (the "Affidavit" or "Aff."). At that time, 18 Gladstone was Sanders's residence.

According to the Affidavit, LoFaso reasonably believed that certain items relevant to the homicide might be found at 18 Gladstone, including a black knit hat worn by Rankin when he shot Hodrick, handguns, ammunition, gun cleaning equipment, magazines, and holsters, photographs of Rankin holding weapons, and computers and cells phones. (Aff. at ¶ A).

LoFaso explained that after the murder on December 2, 2013, Rochester Police Investigator Jennifer Morales ("Morales") spoke with a confidential informant (the "C.I."). (Aff. at ¶ 5). The C.I. was "known to Investigator Morales and other members of law enforcement," and the C.I. had been "providing reliable information since 2005, which ha[d] led to the arrests of several individuals on narcotics, weapons, assault, and murder." (Id. ).

The C.I. told Morales that "a male who the CI kn[ew] by the name of Shalanta Rankin called the CI's house at approximately 3:38 p.m." on December 2, 2013. (Aff. at ¶ 5). The C.I. stated that he "kn[ew] Rankin, kn[ew] Rankin['s] voice, and ha[d] talked to Rankin on numerous other occasions." (Id. ). During the phone call, the C.I. apparently "overheard" Rankin tell another participant on the call, who was in the C.I.'s house, that Rankin had "just shot 'Mills' in the chest." (Id. ; see also Morales Dep. at 64).4 Furthermore, the C.I. indicated that "Rankin called from telephone # 585-355-4606, which the CI observed on his/her caller identification box." (Aff. at ¶ 5). An investigation conducted by the Monroe Crime Analysis Center subsequent to Morales's conversation with the C.I., but prior to LoFaso drafting the Affidavit, revealed that the telephone number observed by the C.I. was the Time Warner landline for 18 Gladstone. (Id. at ¶ 6).

LoFaso represented to Judge Argento in the Affidavit that the RPD had Rankin in custody. (Aff. at ¶ 7). However, LoFaso believed probable cause existed to search 18 Gladstone for the items specified in the Affidavit "because 18 Gladstone Street, which is close in location to the murder scene, is upon information and belief a known drug location as well as the first known location to which the suspect [went] after the murder." (Id. ). The homicide investigation revealed that Rankin went to 18 Gladstone based on the phone call placed to the C.I.'s residence, and the fact that the phone number viewed by the C.I. returned to 18 Gladstone. (Morales Dep. at 63).

LoFaso also requested that the search warrant be designated as a "no knock" warrant, pursuant to New York law. (Aff. at ¶ 9). LoFaso stated that 18 Gladstone was "a known drug location and the residence of a parolee named Darrell Taylor, who [was] believed to be selling drugs out of the location[.]" (Id. ). In LoFaso's view, it was "reasonable to believe the giving of notice and authority may endanger the life or safety of the executing officers." (Id. ). LoFaso and Morales testified that the search warrant for 18 Gladstone was a "high-risk warrant." (See Morales Dep. at 119; LoFaso Dep. at 38). This was due, in *158part, to the fact that the murder weapon was still outstanding at the time LoFaso applied for the search warrant, and that Rankin may have secreted the weapon at 18 Gladstone given the belief, based on the RPD's investigation, that he went to that location after the murder. (See id. ).

It is indisputable that Judge Argento signed and issued the no-knock search warrant for 18 Gladstone on the basis of the Affidavit.5 (Dkt. ## 35-1 at Ex. D; 39-3 at 1-2).

B. Execution of the Search Warrant

The parties do not dispute that RPD executed the no-knock search warrant on 18 Gladstone before noon on December 3, 2013. When the officers entered the house, Sanders was upstairs lying in bed with her baby grandson. (Sanders Dep. at 13-15). Some of the officers instructed her to come downstairs, which she did while only wearing a t-shirt and carrying jeans on her arm and her grandson on her hip. (Id. at 15).

As soon as Sanders came downstairs, Morales handcuffed her in front of her body. (Id. at 16). Sanders could still cradle her grandson while handcuffed. (Id. ). Morales also "assisted [Sanders] in dressing the baby." (Id. ). Sanders testified that she was handcuffed for about two hours while officers searched 18 Gladstone, (id. at 30), and that the "handcuffs w[eren't] comfortable period," (id. at 50). Morales testified that "it is common practice for entry on any search warrant that every individual for the safety of themselves and for [the executing officers], [be] handcuffed. And they are usually asked to go to the ground and handcuffed behind their back. Ms. Sanders was handcuffed in the front and never taken to the ground." (Morales Dep. at 114). Sanders does not dispute this. Moreover, based on Sanders's account of the incident, she never complained to the officers about the handcuffs while the officers conducted the search.

After entering the house, two officers, Investigator Swain and Sergeant Lee, attempted to search the basement from the kitchen. (Lee Dep. at 26). When Lee opened the basement door, the two officers were confronted by Sanders's pit bull dog that was approaching the threshold of the basement door. (Lee Dep. at 28; Swain Dep. at 41-44).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
360 F. Supp. 3d 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-city-of-rochester-new-york-nywd-2019.