Youngbey v. March

676 F.3d 1114, 400 U.S. App. D.C. 177, 2012 WL 1292582, 2012 U.S. App. LEXIS 7630
CourtCourt of Appeals for the D.C. Circuit
DecidedApril 17, 2012
Docket11-7033
StatusPublished
Cited by30 cases

This text of 676 F.3d 1114 (Youngbey v. March) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Youngbey v. March, 676 F.3d 1114, 400 U.S. App. D.C. 177, 2012 WL 1292582, 2012 U.S. App. LEXIS 7630 (D.C. Cir. 2012).

Opinions

Opinion for the court filed PER CURIAM.

Concurring opinion by Senior Circuit Judge EDWARDS.

[1116]*1116PER CURIAM:

Ms. Jerry Youngbey and Mr. Rubin Butler (“appellees”) brought an action arising under 42 U.S.C. § 1983 against a number of District of Columbia Metropolitan Police Department (“MPD”) law enforcement personnel (“appellants” or “officers”). Appellees’ complaint asserts that various officers and their supervisors violated appellees’ Fourth Amendment rights by planning and conducting a 4:00 a.m. search on a warrant that did not authorize a nighttime search and breaking and entering into appellees’ home without knocking and announcing their presence. The complaint also alleges additional Fourth Amendment claims and a variety of local law claims—including assault, false arrest, trespass to chattels and conversion, trespass to realty, negligence per se, and intentional infliction of emotional distress— that are not at issue in this appeal. The District of Columbia was also a defendant before the District Court, but it has not joined in this appeal.

Following discovery, appellants moved for summary judgment, asserting, inter alia, that they were entitled to qualified immunity on the claims relating to the officers’ nighttime search and their alleged failure to knock and announce. The District Court rejected appellants’ claims of qualified immunity, finding that appellants’ failure to knock and announce before entering into appellees’ home and the nighttime search violated appellees’ clearly established rights under the Fourth Amendment. Youngbey v. District of Columbia, 766 F.Supp.2d 197, 211, 217 (D.D.C.2011). Appellants now seek interlocutory review, claiming that the District Court erred in denying them qualified immunity on the knock-and-announce and nighttime search claims. Appellants contend that they committed no constitutional violations in their execution of the search warrant. They further claim that, even if their actions are determined to be unconstitutional, they are nonetheless entitled to qualified immunity because they did not violate clearly established law.

We agree that appellants are entitled to qualified immunity because neither their no-knock entry of appellees’ home nor their nighttime search violated “clearly established law.” See Pearson v. Callahan, 555 U.S. 223, 243-44, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (“An officer conducting a search is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.”) (citing Anderson v. Creighton, 483 U.S. 635, 641, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987)). We are therefore constrained to reverse the judgment of the District Court and remand the case.

I. Jurisdiction and the Applicable Standard of Review

This Court has jurisdiction to review the denial of qualified immunity as a “final decision” under 28 U.S.C. § 1291. See Mitchell v. Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) (holding that a district court ruling denying qualified immunity, to the extent that it turns on an issue of law, is subject to immediate appeal under the collateral order doctrine). It is clear here that the District Court’s denials of appellants’ requests for qualified immunity “ ‘turn[ ] on ... issue[s] of law.’ ” Int’l Action Ctr. v. United States, 365 F.3d 20, 23 (D.C.Cir.2004) (quoting Mitchell, 472 U.S. at 530, 105 S.Ct. 2806). For purposes of this appeal, appellants do not contest that they failed to knock and announce before entering into appellees’ home; and there is no dispute that appellants executed the search warrant during the nighttime. Therefore, the dispute before the court does not concern “which facts the parties [1117]*1117might be able to prove” in support of their claims. Johnson v. Jones, 515 U.S. 304, 311, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995). Rather, the question here is whether appellees’ asserted rights were clearly established when appellants executed the search warrant. This involves issues of law which “must be resolved de novo on appeal.” Elder v. Holloway, 510 U.S. 510, 516, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994) (citation omitted); see also Mitchell, 472 U.S. at 528 n. 9, 105 S.Ct. 2806; Estate of Phillips v. District of Columbia, 455 F.3d 397, 402-03 (D.C.Cir.2006).

II. The Legal Framework Governing Applications of Qualified Immunity

We need not address on this appeal whether the officers’ no-knock, nighttime search violated appellees’ Fourth Amendment rights. See Pearson, 555 U.S. at 236-38, 243, 129 S.Ct. 808. The dispositive question here is whether, given the circumstances presented by the undisputed record facts, a reasonable police officer would have known that the failure to knock or the nighttime search violated appellees’ clearly established Fourth Amendment rights. In other words, the protection of qualified immunity is available if “a reasonable officer could have believed that [his or her actions were] lawful, in light of clearly established law and the information the officers possessed.” Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (citation omitted).

The Supreme Court “adopted this criterion of ‘objective legal reasonableness,’ rather than good faith, precisely in order to ‘permit the defeat of insubstantial claims without resort to trial.’ ” Behrens v. Pelletier, 516 U.S. 299, 306, 116 S.Ct. 834, 133 L.Ed.2d 773 (1996) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 819, 813, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). “[I]n practice ... [the inquiry] turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.” Wilson, 526 U.S. at 614, 119 S.Ct. 1692 (citations omitted) (internal quotation marks omitted). Qualified immunity thus “operates to ensure that before they are subjected to suit, officers are on notice their conduct is unlawful.” Hope v. Pelzer, 536 U.S. 730, 739, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002) (citation omitted) (internal quotation marks omitted). “This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, but it is to say that in the light of pre-existing law the unlawfulness must be apparent.” Wilson, 526 U.S. at 615, 119 S.Ct. 1692 (citations omitted) (internal quotation marks omitted).

In determining whether the legal rules at issue are clearly established, a court must look to “cases of controlling authority in [its] jurisdiction.” Id.

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Bluebook (online)
676 F.3d 1114, 400 U.S. App. D.C. 177, 2012 WL 1292582, 2012 U.S. App. LEXIS 7630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youngbey-v-march-cadc-2012.