Smith v. Township of Prairieville

194 F. Supp. 3d 658, 2016 U.S. Dist. LEXIS 89094, 2016 WL 3661852
CourtDistrict Court, W.D. Michigan
DecidedJuly 11, 2016
DocketCase No. 1:15-cv-131
StatusPublished
Cited by4 cases

This text of 194 F. Supp. 3d 658 (Smith v. Township of Prairieville) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Township of Prairieville, 194 F. Supp. 3d 658, 2016 U.S. Dist. LEXIS 89094, 2016 WL 3661852 (W.D. Mich. 2016).

Opinion

OPINION

ROBERT HOLMES BELL, UNITED STATES DISTRICT JUDGE

This is a civil rights case brought pursuant to 42 U.S.C, § 1983. Plaintiff Douglas Smith, a resident of Cloverdale, Michigan, brings this action against Defendants Township of Prairieville, Michigan, Township of Barry, Michigan, William Thompson, Eric Gustafson, and Carlos Fossati. On April 12, 2016, Defendants filed three motions for summary judgment. (ECF Nos. 48, 49, 51.) Plaintiff has filed responses, to which Defendants have filed replies. For the reasons that follow, Defendants’ motions for summary judgment will be granted in part.

I.

On February 18, 2013, Detective Eric Gustafson of the Barry Township Police Department spotted a vehicle that matched the description given by a caller who reported that she suspected an individual was driving while intoxicated. Gus-tafson followed the vehicle as it pulled into Plaintiffs driveway at 4710 Cloverdale Road. Gustafson observed that the driver’s behavior was “a little erratic,” and called for backup. (Gustafson Dep. 20, ECF No. 56-5.) William Thompson, the Prairieville Township Chief of Police, arrived first, followed by Michigan State Police Trooper Carlos Fossati. The driver told the officers that he was delivering marijuana to an individual at Plaintiffs residence. (Thompson Dep. 22, ECF No. 57-3.)

Detective Gustafson and Chief Thompson approached Plaintiffs front door to speak with him. While speaking with Plain..tiff, Gustafson observed “an odor that was evident of burnt marijuana emanating from the home,” and noticed a child who appeared to be four or five years old inside. (Gustafson Dep. 22.) The.child was Plaintiffs nephew Tyler. At that time, Plaintiff told Thompson that others had recently smoked marijuana inside, but that he was in a different room with Tyler while they were doing so. (Smith Dep. 53, ECF No. 56-2.)

The officers asked Plaintiff if they could search the home. Plaintiff stated that they asked “if it would be alright if they just do a walk-through.” (Id. at 54.) When he asked what a “walk-through” was, both officers told him that “[w]e just walk through and look and make sure there’s not a bunch of [marijuana] plants in there and that’s it.” (Id.) Chief Thompson stated [664]*664that he asked whether the officers could conduct a “cursory search.” (Thompson Dep. 22.) He stated that a cursory search “doesn’t necessarily provocate a brief search or a thorough search. With all the furtive movements of people outside and the belief that there could be contraband within the residence, we were looking for people, drugs, or a combination [of] both.” (Id. at 23.) Plaintiff consented to what he contends was a walkthrough.

After receiving consent, Chief Thompson stood in the kitchen with Plaintiff while Detective Gustafson ■ first searched the bathroom. (Smith Dep. 55.) Plaintiff could hear cupboards opening and closing. Gus-tafson then came into the kitchen and opened one or two utensil drawers. At that point, Plaintiff told the officers “The search is over. Get out.” (Id. at 56.) Plaintiff states that Gustafson told him, “You gave us permission to search and that’s what I’m going to do.” (Id. at 58.) Plaintiff responded, “No, I gave you permission to walk through. Now get out.” (Id.) Gustaf-son left the house, but Plaintiff allowed Thompson to remain and walk through the other rooms. Plaintiff followed Thompson’ while he continued the search of the home. Thompson did not open any drawers. (Id. at 61.) Plaintiff also allowed Thompson to search the pole barn outside of the house. Thompson observed Plaintiffs other nephew’s girlfriend, who was 15 or 16 years old, inside the pole barn sleeping, and checked with her parents to make sure she was allowed to be there. (Id. at 63.) After searching the pole barn, Plaintiff returned to his house and went inside. Officers were talking with “the other young people” that were on the property and investigating any potential criminal wrongdoing. (Id. at 64.)

Later, Plaintiff walked outside to put wood in his wood stove. Plaintiff was wearing a sweatshirt, sweatpants, and tennis shoes, and it was “[a]bout 20 degrees.” (Id. at 66.) Detective Gustafson told Plaintiff that he could not walk to the pole barn to put the wood in the stove. (Id. at 65.) Plaintiff states that he told the officers several times that he had Raynaud’s syndrome and that he could not be outside in the cold, but the officers did not care. (Id.) He told them that Raynaud’s “was a form of frostbite that never gets better that only gets worse.” (Id. at 87.) After about 20 minutes, Plaintiff said “I’m going to fill my wood stove whether you like it or not.” (Id. at 70.) No one responded to that statement, but Plaintiff states that the Michigan State Police Trooper (presumably Fossati) walked with him to the wood stove. (Id. at 72.) Neither Thompson nor Gustafson stopped him. Plaintiff put wood in the stove and walked back to the house. On his walk back to the house, Gustafson told Plaintiff to stay on the porch. Thompson did not say anything, but was with Gustafson when he said that. (Id. at 77.) Plaintiff stood on the porch “for probably 20 minutes, another half hour. I turned around and told him to go to hell, that I’m going in the house to be with my kid and I’m freezing to death. If you don’t like it, shoot me in the back.” (Id. at 77-78.) Nobody stopped him.

In the meantime, officers had called Child Protective Services (CPS) because Plaintiffs nephew Tyler was in the house while marijuana was being smoked. Detective Gustafson stated that, “for safety reasons, it was pretty standard to contact CPS to let them know what was going on so they could investigate to see if there was any abuse or neglect or anything like that.” (Gustafson Dep. 24; see also Gustaf-son Report, ECF No. 51-2, PageID.526 (“Due to the circumstances, Chief Thompson requested that CPS be notified. It was clear that people had been smoking marijuana in the house with a five year old present. There were numerous minors in the house that had also smoked marijuana. [665]*665CPS worker Kelly Root arrived at the scene to conduct an evaluation.”).) Chief Thompson stated that it took CPS about “45 minutes to an hour” to arrive after the search had been completed, and that Plaintiff was inside with his nephew when CPS arrived. (Thompson Dep. 36.) Tyler was allowed to remain at the home.

Plaintiff states that days after he was forced to stand outside in the cold, his “whole body went numb” and he was taken to the hospital. (Id. at 13-14.) Plaintiffs medical records indicate that he went to the Delton Medical Center for treatment of frostbite on March 6, 2013. (ECF No. 56-9, PageID.795.) Plaintiff states that he is now disabled as a result of his Ray-naud’s syndrome and acid reflux disease, and that he receives social security benefits as a result. (Smith Dep. 10.) He was first diagnosed with Raynaud’s at 28 years old, but it was manageable for 12 or 14 years as long as he dressed properly and took care of himself. Plaintiff states that his Raynaud’s syndrome started to get worse after the officers made him stand outside in the cold for an hour. (Id. at 11-12.)

As a result of the officers’ actions on February 18, 2013, Plaintiff filed a complaint in this Court under 42 U.S.C. § 1983

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Cite This Page — Counsel Stack

Bluebook (online)
194 F. Supp. 3d 658, 2016 U.S. Dist. LEXIS 89094, 2016 WL 3661852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-township-of-prairieville-miwd-2016.