E.D.Ark.: Use of a SWAT team to execute a document search warrant was not so unreasonable that it made the entire search unreasonable

Use of a SWAT team to execute a document search warrant was not so unreasonable that it made the entire search unreasonable. Also, the alleged overseizure of records was not clearly unreasonable. Mountain Pure LLC v. Roberts, 2015 U.S. Dist. LEXIS 34332 (E.D.Ark. March 19, 2015):

Regardless, even if it were clearly established that the use of excessive force may make a search unreasonable, based on the record before the Court, Mountain Pure cannot establish that use of excessive force occurred here. Mountain Pure cites no cases in which the use of standard law enforcement weapons and gear, without more, was found to be unreasonable. Cases cited by Mountain Pure involve the use of SWAT teams, weapons, or gear during searches or seizures related to non-violent crimes and without a known threat to safety. See Baird, 576 F.3d at 346-47 (finding use of nine millimeter submachine gun to detain persons at search site objectively unreasonable); Estate of Redd, 2014 WL 5305940, at *2, 5 (finding use of assault rifles and flak jackets constituted use of excessive force); Rush, 771 F. Supp. 2d at 859 (rejecting defense of qualified immunity where use of SWAT team to execute search warrant). But Mountain Pure provides no evidence that SWAT-type tactics, weapons, or gear were used here, and all record evidence before the Court suggests that they were not. Instead, the record evidence before the Court is that agents were armed and equipped with standard law enforcement weapons and gear that is typically carried and required on any law enforcement operation (Dkt. Nos. 48-1, at 4-5; 48-2, at 3-4; 48-3, at 2-4), and that the tactics used were objectively reasonable under the circumstances (Dkt. Nos. 48-2, at 4; 48-3, at 3-5 (explaining that the number of officers was based on number of persons expected to be present and size of the facility, and that use of convoys and blocking of entrances and exits are to control access, ensure officer safety, and prevent disruption of the search)). In fact, Mountain Pure appears to abandon any claim that a “SWAT raid” was conducted (Dkt. No. 53-1, at 5 (“Defendants contend that there was no excessive use of force because defendants did not conduct a SWAT raid. But, the analysis does not depend on whether a SWAT raid was conducted ….”)). As for Mountain Pure’s claim that some agents had weapons drawn, there is no evidence that named defendants Ms. Roberts or Ms. Spradlin drew their weapons or participated in, ordered, or condoned the drawing of weapons by other agents.

Individual plaintiffs’ claims of excessive use of force against them have even less bearing on whether the search itself was reasonable, as those claims more directly involve the seizure of those individual plaintiffs by individual agents, not the overall search. Even so, the Court determines that, based on the record evidence before it and for the reasons explained below, individual plaintiffs’ claims of excessive use of force have no merit. For all of these reasons, named defendants Ms. Roberts and Ms. Spradlin are entitled to qualified immunity on Mountain Pure’s unconstitutional search claim.