Engstrom v. Denby

Law enforcement officers destroyed James Denby’s house while searching for an unarmed suspect in a nearby domestic disturbance. Over the course of seven hours, the officers used a vehicle as a battering ram at the front door, fired so many chemical munitions that the home became uninhabitable, caused water damage that ruined the foundation, and destroyed all the furniture in the home, as well as the appliances, televisions, cushions, pillows, window coverings, shower doors, a toilet, artwork, heirlooms, family pictures, clothes, and antiques. Mr. Denby filed suit, seeking compensation for the destruction of his home. The officers moved to dismiss, arguing that they were protected from suit by qualified immunity. The district court denied the motion, and the Ninth Circuit affirmed.

The five officers petitioned the Supreme Court for review, asserting a need for further guidance on when the destruction of property in the course of executing a warrant violates the Fourth Amendment and asking the Court to hold that law enforcement officers cannot be liable under 42 U.S.C. § 1983 based on a failure to intervene in the violation of constitutional rights.  Serving as co-counsel for Mr. Denby in  the Supreme Court, we filed a brief in opposition to the petition. The brief explained that the courts of appeals were not in conflict on the standard for analyzing Fourth Amendment destruction of property claims and that the Ninth Circuit correctly denied qualified immunity to the five officers. The Supreme Court then denied the petition.