{"id":25349,"date":"2017-01-16T09:10:27","date_gmt":"2017-01-16T14:10:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25349"},"modified":"2017-01-16T09:10:27","modified_gmt":"2017-01-16T14:10:27","slug":"ca6-sheriffs-deputy-relying-on-writ-of-execution-didnt-violate-4a","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=25349","title":{"rendered":"CA6: Sheriff’s deputy relying on writ of execution didn’t violate 4A"},"content":{"rendered":"

Defendant deputy sheriff and the state court plaintiffs acting on a writ of execution issued by the trial court couldn\u2019t be sued over it. Without even considering Tennessee\u2019s post-judgment execution law and even assuming the writ was improperly issued, no constitutional rights were violated. There was due process and it wasn’t a Fourth Amendment violation. Partin v. Davis<\/a>, 2017 U.S. App. LEXIS 720 (6th Cir. Jan. 13, 2017):
\n<\/p>\n

Rather than wade into Tennessee post-judgment law, we assume that Deputy Tyler executed an improperly issued writ; such invalidity does not affect the Partin Plaintiffs’ constitutional rights.<\/p>\n

Generally, an officer’s erroneous seizure of property does not in itself establish a Fourth Amendment violation, especially if performed in reliance on a facially valid writ of execution or other court order. See Coonts v. Potts, 316 F.3d 745, 750-51 (8th Cir. 2003) (concluding that conducting a levy under a “facially-valid writ of execution” was a reasonable seizure under the Fourth Amendment despite challenges to the writ’s lawfulness); Johnson v. Outboard Marine Corp., 172 F.3d 531, 536-37 (8th Cir. 1999) (a deputy’s erroneous seizure of a boat and trailer while acting pursuant to a writ of execution did not support a viable Fourth Amendment claim); cf. Messerschmidt v. Millender, 132 S. Ct. 1235, 1244-1251 (2012) (concluding that officers’ reliance on a facially valid warrant entitled them to qualified immunity despite a claim that they lacked probable cause for the search); Voyticky v. Vill. of Timberlake, Ohio, 412 F.3d 669, 677 (6th Cir. 2005) (“An arrest pursuant to a facially valid warrant is normally a complete defense to a federal constitutional claim for false arrest or false imprisonment made pursuant to \u00a7 1983.” (citing Baker v. McCollan, 443 U.S. 137, 143-44 (1979))).<\/p>\n

No reasonable jury could conclude that Deputy Tyler’s actions in reliance on the Writ violated the Partin Plaintiffs’ Fourth Amendment rights. As noted, the Franklin Circuit Court Clerk issued the Writ on January 23, 2015. The Writ specified a judgment amount and described the property subject to levy. Nothing about the content of the Writ suggests invalidity, nor do the Partin Plaintiffs argue that point on appeal.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Defendant deputy sheriff and the state court plaintiffs acting on a writ of execution issued by the trial court couldn\u2019t be sued over it. Without even considering Tennessee\u2019s post-judgment execution law and even assuming the writ was improperly issued, no … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,69],"tags":[],"class_list":["post-25349","post","type-post","status-publish","format-standard","hentry","category-45","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25349","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=25349"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25349\/revisions"}],"predecessor-version":[{"id":25350,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25349\/revisions\/25350"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25349"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25349"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25349"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}