Vincent White v. John MClain

648 F. App'x 838
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 19, 2016
Docket15-15270
StatusUnpublished
Cited by1 cases

This text of 648 F. App'x 838 (Vincent White v. John MClain) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vincent White v. John MClain, 648 F. App'x 838 (11th Cir. 2016).

Opinion

PER CURIAM:

Vincent White sued several members of the Mobile County Sherriffs Office after they burst into his home without legal justification. The deputies, who had mistaken White’s house for the one specified in a warrant, all asserted qualified immunity as a defense to White’s claim that they had violated his Fourth Amendment rights. The district court held that qualified immunity insulated all but one of them from that claim. The only officer denied immunity was Deputy John McLain, the man responsible for confirming that the deputies had the right house. He appeals the district court’s order denying him qualified immunity, asserting that he made reasonable efforts to confirm that the house identified in the warrant was, in fact, the one he had been told was part of a drug dealing operation. We.reverse the district court’s order denying him qualified immunity because his conduct did not violate “clearly established” law when it occurred.

The district court accurately characterized the facts drawn from the evidence construed in the light most favorable to White:

In October 2012, [McLain] received information from a confidential informant that an individual was involved in the distribution of marijuana and that the individual was storing drugs at his girlfriend’s residence located at 1817 Toulmin Avenue, Mobile, Alabama. McLain and the confidential informant drove past the residence and the informant pointed out the house to McLain. Three months later, McLain received corroboration from a different confidential informant. Both informants told McLain that the house in question was the second house on the left after turning from St. Stephens Road. A month later, the second informant again told McLain about the drug activity at 1817 Toulmin Avenue.
On February 5, 2013, McLain traveled to Toulmin Avenue [again]. However, rather than entering from St. Stephens Road, he turned onto Toulmin Avenue from Carleton Street, which resulted in him approaching the house from the opposite direction he would have if he had entered from St. Stephens Road. When *840 approaching from St. Stephens Road, the first house on the left i[s] situated further back from the street than the other houses on Toulmin Avenue. McLain approached what he “believed to be the second house” and took a photograph of it. The house he took a photograph of was 1819 Toulmin Avenue. White’s house, 1819 Toulmin Avenue, is the third house on the left when approaching from St. Stephens Road and the target house, 1817 Toulmin Avenue, is the second house on the left.
Before taking the photograph, as McLain approached 1817 Toulmin Avenue, he noticed people who he thought appeared to be engaged in drug activity, standing in front of what McLain thought was 1817 Toulmin Avenue. “So not to expose [himself] as a narcotics officer,” McLain “pulled off the side of the road” and took a photograph of White’s home, which he “believed to be” 1817 Toulmin Avenue. Though not visible in the photograph McLain took, White’s numerical street address (1819) is posted at eye level to the left of his front door.
In the darkness of the early morning hours of February 6, 2013, McLain trav-elled to Toulmin Avenue to check out information from an informant. [The] informant had told McLain that a “certain vehicle dropped off some drugs” and “[McLain] was trying to determin[e] if that vehicle was at the location.” Neither 1817 nor 1819 Toulmin Avenue had any residential lights turned on when McLain passed. Looking straight at 1817 Toulmin Avenue, its driveway is on the right side of the house. From the same vantage point, 1819 Toulmin Avenue is to the right side of 1817 Toulmin Avenue. McLain observed the vehicle he had been looking for, and it was parked “back behind the house.”
As a result of the information McLain obtained from the informants and the details uncovered during investigation, he obtained a search warrant for 1817 Toulmin Avenue. However, in the search warrant application, he attached a picture of 1819 Toulmin Avenue rather than 1817 Toulmin Avenue. Additionally, McLain’s written description of the place to be searched] described the fa-gade of 1819 rather than 1817 Toulmin Avenue.
Later that morning, McLain briefed members of the Mobile County Sheriffs Office Narcotics and Vice Unit about the upcoming search of 1817 Toulmin Avenue. Defendant Deputies Johnny Thornton, Sr., John Cassidy, Allen O’Shea, Greg O’Shea, Jeffrey Sullivan, and Clinton Law were present at the briefing. During this meeting, McLain showed the deputies a photograph of White’s house, which was 1819 Toulmin Avenue and told them that this was the house where the search- warrant was to be executed.
After the briefing, the Defendants travelled in several vehicles to Toulmin Avenue. When the deputies arrived at 1819 Toulmin Avenue, several of them attached a truck’s winch hook to the burglar bars on the front door. Other deputies arranged themselves outside the home. McLain gave the “go” signal and deputies pulled the burglar bars from the front door. Deputy John Cas-sidy forced entry into the home using a ram. Defendant Deputy Clinton Law entered the home first, holding a riot shield. McLain, Greg O’Shea, Johnny Thornton, and Captain Razzie Smith followed Law into the home.
Prior to the Defendants’ entry, White was home preparing to attend a doctor’s appointment, As the Defendants entered his home, White was moving from his bedroom into the hallway. Law de *841 tained White, kicking his legs apart and placing him in handcuffs. Law also forced White to get down on the floor of the bathroom. Law used his hands to push White onto the floor while yelling for White to get down.
Within minutes the Defendants realized their error. Captain Razzie Smith brought White up from the floor and removed the handcuffs from his wrists. Smith apologized to White and explained that there had been a mix-up and that White’s home had been entered in error.
In January 2013, the month before the search, White underwent abdominal surgery. On February 6, 2013, White had a pre-scheduled appointment with his doctor several hours after the search. His doctor checked his incision, which was not leaking at that time. Several hours later, White went to the emergency room at Mobile Infirmary, complaining of pain and experiencing leakage from his surgical incision. He was admitted and treated at the hospital. He seeks damages including' but not limited to medical expenses, and compensation for the physical and emotional injuries he suffered as [a] result of the events of February 6,2013.

White v. McLain, No. 14-502-KD-M, 2015 WL 7196412, at *1-3 (S.D.Ala. Nov. 16, 2015) (citations omitted).

Relying heavily on our decision in Hartsfield v. Lemacks, 50 F.3d 950 (11th Cir.1995), the district court denied McLain qualified immunity. It concluded that, although McLain’s was “undoubtedly an honest mistake,” his “actions in this case were simply not consistent with a reasonable effort to ascertain and identify the place intended to be searched.” White, 2015 WL 7196412 at *7 (quotation marks omitted). We review de novo

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

Related

Susan Treat v. Daniel T. Lowe
668 F. App'x 870 (Eleventh Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
648 F. App'x 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincent-white-v-john-mclain-ca11-2016.