Background
Mary Ann Bender, the primary caregiver and successor trustee for her deceased friend Rita Cole, remained in Cole’s condominium for approximately one month after Cole’s death to remove belongings while recovering from illness. Cole’s nephew, Kevin Surette, contacted police officers Nicholas Pittsley and Paul Rennie, presenting a superseded will that named him a beneficiary but not the executor. The officers accompanied Surette to the condo, entered without a warrant, told Bender she had ten minutes to leave, threatened arrest, took her key, and pushed her out of the residence. Bender sued the officers alleging an unreasonable seizure in violation of the Fourth Amendment. The district court denied the officers’ motion for summary judgment based on qualified immunity, and the officers appealed.
The court’s reasoning
The court viewed the facts in the light most favorable to Bender as the nonmoving party. The officers entered the condo without a warrant or court order and relied solely on a private individual’s claim of authority, which they failed to verify by reading the document they were shown. The record indicates the officers threatened arrest, took Bender’s key, and physically pushed her out of the residence. These actions, if proven, would constitute a seizure of Bender’s person and property. The officers are not entitled to qualified immunity because it was clearly established law that police officers cannot participate in a private eviction without legal process.
The dissent
What it means going forward
Police departments must ensure officers do not participate in private evictions or property disputes without a valid court order or warrant, as doing so exposes them to liability for Fourth Amendment violations.