AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Landlord-Tenant Conflicts & Issues
Monthly Law Journal Article: Landlords,
Tenants, and Civil Liability, 2009 (6) AELE Mo. L. J. 101
A residential real estate owner sued
a county sheriff and a state court judge, claiming that the judge's general
order directing the sheriff not to perform any residential tenant evictions
during specified winter weeks violated its constitutional rights. A federal
appeals court held that federal courts should abstain from interfering
with such state court proceedings and that the plaintiff should seek to
assert its constitutional claims and a remedy, in appropriate state court
proceedings. SKS & Assoc., Inc. v. Dart. #09-3461, 619 F.3d 674 (7th
Cir. 2010).
A tenant was found on
the premises of an apartment she had been evicted from and was arrested
for criminal trespass. The tenant, being legally blind, stated that she
needed to go down the steps slowly, but one of the officers allegedly repeatedly
told her to hurry, and she felt a shove or push from him, falling to the
bottom of the landing, after which she fell twice more and the officer
angrily tried to raise her by pulling on her handcuffs. The officer subsequently
allegedly made a statement to her, "no rallies for you today,"
purportedly referring to her involvement in rallies against alleged police
brutality. She sued the city for false arrest, false imprisonment, negligence,
and violation of federal civil rights. The state trial court dismissed
false arrest, false imprisonment, and malicious prosecution claims, which
were upheld on appeal, as the police had probable cause, which was a complete
defense to these claims. A jury awarded the tenant $250,000 for violation
of civil rights, $600,000 for past pain and suffering, and $500,000 for
future pain and suffering. The plaintiff claimed that an officer violated
her civil rights by deciding not to issue her a desk appearance ticket,
but the court noted that she herself declined the officer's subsequent
offer to give her a desk appearance ticket since she though that the officers
should transport her to a hospital instead of releasing her to go there
herself. The appeals court, therefore, overturned the civil rights award,
and ordered a new trial on the pain and suffering awards, unless the plaintiff
agreed to their reduction to $300,000 for past pain and suffering and $150,000
for future pain and suffering, as the amounts awarded by the jury were
excessive. Young v. City of New York, #2248, 25645/03, 2010 N.Y. App. Div.
Lexis 2647 (1st Dept.).
Police officers who arrested tenant on the
basis of signed complaints from landlords had probable cause for the arrest,
and were properly granted qualified immunity. Prosecutors in the case were
entitled to absolute prosecutorial immunity, and landlords, who were private
persons, did not act under color of state law, so they could not be defendants
in a federal civil rights lawsuit. Fielding v. Tollaksen, No. 06-5393,
2007 U.S. App. Lexis 28939 (2nd Cir.).
Landlord's rights were not violated by the
alleged refusal of police officers to enforce a court order she obtained
to oust a squatter from her property. The landlord did not show that she
was legally entitled to police assistance in enforcing an eviction order
issued by the courts, and she could not show a violation of equal protection,
as there was no claim that the officers refused to carry out the eviction
on the basis of her race or gender. Trask v. City of Chicago, No. 06-4237,
2007 U.S. App. Lexis 21051 (7th Cir.).
Three homeless women, evicted from homeless
shelter by police without legal process at the request of the shelter's
director were not "tenants" under Kentucky law, had no property
interest in the premises, and, therefore, the officers' actions did not
violate their due process rights. Thomas v. Cohen, No. 05-5072, 2006 U.S.
App. Lexis 7938 (6th Cir.). [2006 LR Aug]
City's ordinance authorizing warrantless
inspections of rental units unless tenants object did not violate the constitutional
rights of landlords, as landlords had no reasonable expectation of privacy
in units rented to either residential or commercial tenants. In instances
where the landlords are themselves the tenants, the ordinance would be
interpreted as also requiring their consent or a warrant. City of Vincennes
v. Emmons, No. 42S02-0504-CV-131, 2006 Ind. Lexis 54 (2006). [2006 LR Mar]
City code enforcement officers were not liable
for federal civil rights violations for evicting two elderly residents
from their home without a pre-eviction hearing. The officers had the legal
authority to issue emergency vacate orders, and had grounds to do so in
light of the residents keeping 33 dogs and four birds in the two bedroom
house, which was allegedly in an unsanitary condition. Sell v. City of
Columbus, No. 03-4654, 127 Fed. Appx. 754 (6th Cir. 2005). [N/R]
Police officer who ordered a landlord to
open a door to an apartment so that a woman's ex-boyfriend could retrieve
his possessions was not entitled to qualified immunity on woman's claim
that he violated her Fourth Amendment rights by becoming actively involved
in an ex parte private repossession. Harvey v. Plains Township, No. 04-1148,
2005 U.S. App. Lexis 18756 (3d Cir.). [2005 LR Oct]
City's ordinance requiring a landlord to
institute eviction proceedings against a tenant when the chief of police
has a suspicion that the tenant engaged in or permitted illegal drug or
gang activity ruled to be an unconstitutional violation of procedural due
process rights. Cook v. City of Buena Park, No. G031326, 2005 Cal. App.
Lexis 105 (Cal. 4th App. Dist. January 28, 2005). [2005 LR Mar]
Officers who arrested a tenant for burglary
when he broke in a home in which the locks had been changed following a
rent dispute with his landlord were not entitled to qualified immunity
in lawsuit for false arrest. Radvansky v. Olmsted Falls, No. 03-3798, 2005
U.S. App. Lexis 739 (6th Cir. 2005). [2005 LR Feb]
Fire chief was entitled to qualified immunity
that he issued a citation against the owner of rental properties for refusal
to consent to a warrantless inspection of tenants' apartments. The alleged
right of the owner, under the Fourth Amendment, to refuse to consent to
the warrantless inspection intended to protect the tenants' safety, was
not clearly established, so that a reasonable building or fire code enforcement
official could have believed that the landlord had no right to refuse entry,
so that he could be cited for obstructing access. Grimm v. Sweeney, #01-431,
249 F. Supp. 2d 571 (E.D. Pa. 2003). [N/R]
Even if an officer "seized" a tenant
in ordering him to vacate his home upon threat of arrest after a landlord
told the officer that he wanted the individual removed, the seizure was
reasonable under circumstances where the tenant had no written lease and
did not pay rent, the house was under construction at the time, and the
level of the dispute between the landlord and tenant was serious enough
that the tenant had called the police. Even if the officer acted unreasonably,
however, he was entitled to qualified immunity. White v. City of Markham,
#01-2034, 310 F.3d 989 (7th Cir. 2002). [2003 LR Mar]
Building owner was not liable to deputy sheriff
for dog bite suffered while attempting to serve process on a tenant in
an eviction case. Landlord was not reasonably on notice of the presence
of the dog on the building premises simply because of dog droppings in
the yard. Landlord was also entitled to protection under the one-bite rule
even if they knew of the dog's presence, when they had no knowledge of
this dog's dangerous propensities. Montier v. Silver Lake I, L.P., #2001-514,
813 A.2d 978 (RI 2003). [N/R]
339:42 Officer was not liable for detention
of landlord, which allegedly caused his collapse because he needed access
to his oxygen and medical equipment to prevent reoccurrence of recent stroke,
when officer had no information concerning landlord's medical condition
when she detained him while attempting to resolve landlord-tenant dispute
over tenant property. Loudes v. City of Minneapolis, Minn., 233 F.3d 1109
(8th Cir. 2000).
Apartment tenants had standing to challenge
allegedly unconstitutional search of rented premises when landlord, who
wanted to evict tenants, did not have a valid order granting him exclusive
possession at the time deputy sheriffs allegedly engaged in search. Ryan
v. Mary Immaculate Queen Center, No. 98-3849, 188 F.3d 857 (7th Cir. 1999).
Deputy sheriff's brief, invited entry into
tenants' residence to assist landlord's agent in showing premises to potential
new tenant, even if it constituted a search, was reasonable, based on deputy's
"community caretaking" function; deputy acted with motive to
keep the peace in dispute between tenant and landlord. Kalmas v. Wagner,
943 P.2d 1369 (Wash. 1997).
283:99 Police officer was entitled to qualified
immunity for warrantless entry into apartment when landlord told him that
water was leaking into premises below, interfering with provision of heat
and hot water for whole building Osipova v. Dinkins, 907 F.Supp. 94 (S.D.N.Y.
1995).
Landlord whose property was damaged when
police lawfully executed a no-knock search warrant on a tenant was entitled
to compensation for a "physical taking" of his property Wallace
v. Atlantic City, 257 NJ Super 404, 608 A.2d 480 (NJ Super L 1992).
Mere denial by landlord that he had harassed
tenant did not eliminate officer's probable cause to arrest him based on
tenant's complaint. Craig v. Krzeminski, 764 F.Supp. 248 (D. Conn. 1991).
Actions of police in evicting woman from
him without physical force was not "shocking" to conscience Reese
v. Kennedy, 865 F.2d 186 (8th Cir. 1989).