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Judge: Officer is entitled to qualified immunity

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A federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable search of a home to find a gun mentioned in a 911 call.

In Robert Butler v. Indianapolis Metropolitan Police Dept., et al., No. 1:07-CV-1103, U.S. District Chief Judge David Hamilton in the Southern District of Indiana, Indianapolis Division, found Tuesday that Deputy Glenn Schmidt was entitled to qualified immunity on Robert Butler's claim the officer violated his Fourth Amendment rights by entering his home.

Schmidt, then a deputy with the Marion County Sheriff's Department, which merged with the Indianapolis Police Department to form IMPD, responded to a 911 call to Butler's home that shots had been fired. Butler's girlfriend, McKenna Decker, called police to report Butler shot at her car while at his house.

Butler told Schmidt he shot his gun near Decker's car, but the gun was now inside. Schmidt went inside the home and got the gun. Butler entered a plea agreement, but for unknown reasons, the plea wasn't entered and the prosecutor eventually dismissed all of the charges.

Butler claimed the police department and officers who arrived on the scene deprived him of his constitutional rights. Chief Judge Hamilton agreed with Schmidt that he is entitled to qualified immunity on Butler's search and seizure claim. Schmidt argued that even if he had violated Butler's right by entering his home without a warrant, a reasonable law enforcement officer wouldn't have understood that this act would have violated his constitutional rights under the circumstances.

The U.S. Supreme Court has ruled that police may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.

"On the merits, there is certainly room to argue here about whether the danger posed by the loaded gun in the unoccupied home posed a threat of imminent injury," wrote the chief judge. "In the quiet calm of a courtroom years later, it might be easy to say that it did not."

But Schmidt faced an ambiguous and potentially explosive situation and acted swiftly and with minimal intrusion to control the greatest source of danger, Chief Judge Hamilton continued.

The District Court also found Schmidt had probable cause to arrest Butler for criminal recklessness. Summary judgment was also entered in favor of IMPD and the two other officers who responded because the facts are insufficient to support under any of Butler's theories that his constitutional rights were violated.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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