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Gordon et al v. Louisville Metro Government et al

Doc. 70

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE

CURTIS GORDON, et al.

PLAINTIFFS

v.

CIVIL ACTION NO. 3:08-CV-00029

LOUISVILLE-JEFFERSON COUNTY METRO GOVERNMENT, et al.

DEFENDANTS

MEMORANDUM OPINION

This matter is before the court on defendants' motion for summary judgment (DN 52). For the reasons set forth herein, defendants' motion will be granted with respect to the plaintiffs' federal claims. BACKGROUND On December 5, 2006, a judge issued a warrant authorizing a search at the home of plaintiff Curtis Gordon, located at 7210 Beachland Beach Road in Louisville. The warrant was issued as part of an investigation involving Gordon's business, Commonwealth Security, Inc. ("CSI"). CSI had a contract with the Louisville Metro Housing Authority (the "Housing Authority") to provide security at several Authority-owned housing complexes. The Housing Authority believed Gordon was billing it for security services of sworn police officers, who were paid at a higher rate than civilian security guards, when those services were actually being provided by non-sworn security guards. The Housing Authority also claimed to have discovered that Gordon had forged a letter from a police chief falsely attesting that an individual was a sworn officer. The search warrant for Gordon's home was issued on the basis of an affidavit

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sworn to by Louisville Metro Police Sergeant Oscar Graas, who stated that, based on an interview with a former CSI employee, he had probable cause to believe that at least some business records relevant to the investigation were present at the house. The warrant issued specifically authorized seizure of the following items: Documents, paperwork, electronic files, software, including manuals, instruction/installation disks, CDs and storage devices and including manuals, instruction/installation disks, CDs and storage devices and including computers, detailing the scheduling, billing, and payment invoices, contractual agreements etc. for business activities between Commonwealth Security and Housing Authority of Louisville, Dosker Manor, B-Line, Carpenter Apartments, City View apartments, Colonial Square apartments or any other contracts to include politician Curtis Shane etc [sic] from Barren/Hart County. Any financial documents detailing the expenses, expenditures and assets of Commonwealth Security, Inc. and the individual finance details of the owner Curtis Gordon detailing the expenses, expenditures and assets. Any records or personnel files of the present or past employees of Commonwealth Security Inc. Any police uniforms or badges stored on the property to be searched as utilized for the purpose of business for Commonwealth Security, Inc. Search Warrant (DN 60-7). The warrant authorized officers to search for these items at the house on Beachland Beach, as well as in a vehicle or vehicles described as: Chev 2000 Silver 142-MPC, Red Ford F150 P.U. KY 3126-NY, Black Jeep 006-DGP or 066-DGP, Silver Navigator, KY FOP P B-080, Red Corvette, plate not visible, and White P.U truck with Commonwealth Security type plaque on side parked at the residence. Id. Finally, the warrant authorized the search for the items on the person or persons of Gordon, as well as Candace Smith, who was living with Gordon at the time. The search of Gordon's home began on the morning of December 6, 2006. Gordon was not home at the time. As officers waited outside the house, they observed Smith leaving the

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home in a black Jeep. Smith's daughter, B.D., and her niece, A.D., were with her.1 Three officers followed Smith as she drove away from the home, eventually stopping her on Interstate 265, a few miles from the residence. Smith and the officers spoke briefly by the side of the road, and Smith and the children were told to return to the house with the police. Smith and the girls were placed in separate police cars and driven back to the Gordon home.2 Upon arriving back at the house, Smith unlocked the door for the officers, and officers began to search the premises. Smith, A.D., and B.D. were kept in the kitchen under an officer's supervision. Both Smith and B.D. were, at one point, permitted to use the restroom, but were not allowed to go unescorted. Smith's mother arrived at the home approximately 20 minutes after the search began, and A.D. and B.D. were allowed to leave with her. Smith was not permitted to leave. Officers searched the home for approximately three hours and seized a number of items, including police uniforms, documents, and computers. On January 31, 2007, Graas testified about the results of the investigation before a Jefferson County, Kentucky grand jury. The grand jury issued an indictment against Gordon on one count of forgery in the second degree and 43 counts of theft by deception over $300. Gordon was tried on these charges in Jefferson Circuit Court but was not convicted. In December 2007, Gordon and Smith filed separate complaints against eleven Louisville Metro Police Officers in their individual and official capacities and against the LouisvilleJefferson County Metro Government. Gordon claimed officers stole cash and damaged his home

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A.D. and B.D. were both approximately 12 years old at the time.

It appears from Smith's deposition testimony that the officers did not physically restrain her, A.D., or B.D. at any point. However, Smith states that she obeyed the officer's "verbal tone" to get into his car. Smith. Depo. (DN 55-3) at 17:8

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