Watson v. Pearson

338 F. Supp. 3d 711
CourtDistrict Court, E.D. Tennessee
DecidedSeptember 6, 2018
DocketNo.: 3:14-CV-595-TAV-DCP
StatusPublished

This text of 338 F. Supp. 3d 711 (Watson v. Pearson) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson v. Pearson, 338 F. Supp. 3d 711 (E.D. Tenn. 2018).

Opinion

Thomas A. Varlan, CHIEF UNITED STATES DISTRICT JUDGE

In this case, brought under 42 U.S.C. § 1983, defendant has moved for summary judgment [Doc. 42]. Plaintiff responded in opposition [Doc. 48], defendants replied [Doc. 50], and plaintiff filed a surreply [Doc. 51], to which defendants have not responded nor moved to strike. Plaintiff asserts that the defendants violated his Fourth Amendment rights when they searched the curtilage of his residence. Contrary to defendants' argument, there is a genuine factual dispute about whether plaintiff has waived this claim. But because a reasonable officer could have believed that defendant disclaimed his privacy interest in the residence, qualified immunity is warranted. For this and the other reasons explained below, defendants' motion for summary judgment will be granted.

I. BACKGROUND

Plaintiff James D. Watson filed this action under 42 U.S.C. § 1983, alleging that defendants violated the Fourth Amendment by unconstitutionally searching his home.1 The defendants include the 5th Judicial Task Force, officers David Mendez *714and Ron Talbott in their official capacities, and officers David Mendez and Ron Talbott in their individual capacities.

Defendants Mendez and Talbott ("defendants" or "officers") are members of the 5th Judicial Task Force (the "task force") and are employed by the Blount County, Tennessee Sherriff's Office. The task force is a law-enforcement entity created by statute, whose primary function is to coordinate law-enforcement efforts to investigate and prevent drug trafficking. Task-force officers have normal police powers and enjoy statewide jurisdiction. In light of this, their duties are not limited only to drug-enforcement activities. For example, task-force officers regularly serve civil levies stemming from outstanding costs or fines related to drug crimes, and these payments provide funding for the task force.

On December 20, 2013, defendant Mendez and Deputy Patrick Pearson of the Blount County Sherriff's Office attempted to serve a civil levy, issued by the Blount County Circuit Court Clerk, on plaintiff at his presumed residence: 815 Old Reservoir Road in Maryville, Tennessee (the "residence"). The officers knocked on the front door intermittently for approximately twenty minutes with no response. Around this time, defendant Talbott arrived at the residence.

Shortly after Talbott's arrival, plaintiff exited the residence. The officers explained that they were there to serve a civil levy on plaintiff.2 In response to the officers' questioning, plaintiff made several statements regarding his interest in the residence. Plaintiff's response to defendants' statement of material facts states that it is "undisputed" that plaintiff stated he did not live at the house, the house belonged to his girlfriend who was inside at the time, and that he could not get back into the house because he left his keys inside [Doc. 49 p. 4]. Plaintiff's affidavit, however, states that he told the officers "[he] did not own the house but [he] had left [his] keys inside the house." Plaintiff's affidavit clarifies that he and his fiancée were leasing the house at the time but does not state that he told this information to defendants [Doc. 48-1 p. 2].

The officers proceeded to ask plaintiff whether he had anything of value on his person, and plaintiff produced change from his pocket. The officers declined to execute the levy at that time and told plaintiff that he was free to go. Plaintiff walked away from the residence.

After plaintiff left, defendants continued to knock on the front door and tried the knob to confirm that it was locked. They then walked around the exterior of the house "to look for items that could possibly be levied" [Docs. 42-1; 42-5]. "At the edge of the house," defendants state that they noticed the smell of marijuana coming from a crawl space vent [Doc. 44 p. 4]. Defendants continued walking around the house and noticed the same smell coming from a vent at the back of the house. During their walk around the edge of the house, defendants were three to five feet away from the crawl space vents [Docs. 42-1; 42-5]. Defendants also noticed what appeared to be partially smoked marijuana joints in a bucket on the front porch.

That same day, defendants obtained a search warrant for the residence based on the smell of marijuana, the apparent presence of partially smoked marijuana joints, *715previous complaints about suspicious activity at the residence, plaintiff's criminal record, and a tip from a confidential informant. Upon executing the warrant, defendants located a large amount of marijuana inside the residence, along with other evidence indicative of the sale and use of marijuana.

At some point, a forfeiture proceeding concerning plaintiff took place [Doc. 44 p. 6; Doc. 44-6]. The circumstances surrounding the forfeiture proceeding are unclear, but in relation to the forfeiture proceeding, plaintiff's attorney signed a release of liability, which stated in relevant part, "Claimant, by his or her signature below does waive any legal claim or cause of action which he/she might otherwise have as a result of any acts underlying this forfeiture proceeding" [Doc. 42-6]. Plaintiff does not dispute that his attorney signed this release, but plaintiff argues that he did not see the release before it was signed, that he was not aware that his attorney was signing away his right to bring the instant claim, and that his attorney had no authority to waive his right to file the instant claim [Doc. 48-1 p. 2].

Plaintiff brings this action under 42 U.S.C. § 1983, alleging that defendants violated his Fourth Amendment right against unreasonable searches [Doc. 1]. The Court stayed the case pending resolution of the underlying criminal proceedings, in which plaintiff had moved to suppress evidence derived from the officers' search of the residence [Doc. 11]. The trial court granted that motion, and the Tennessee Court of Criminal Appeals affirmed two to one, finding that plaintiff had not disclaimed his expectation of privacy in the residence [Doc. 27].See also State v. Watson , 2017 WL 1324183 (Tenn. Crim. App. Apr. 10, 2017). The Court lifted the stay [Doc. 30], and defendants later filed the instant motion for summary judgment [Doc. 42].

II. LEGAL STANDARD

Summary judgment under Federal Rule of Civil Procedure 56 is proper "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P.

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Bluebook (online)
338 F. Supp. 3d 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-pearson-tned-2018.