Summary Judgment Granted in Police Officer Case Claiming Fourth Amendment Violations

By: Alan R. Dembiczak

adembiczak@hl-law.com

860-249-1361 Ext. 148

Ancona v. Samsel (USDC – 2017): Plaintiffs, Benjamin and Marcia Ancona, claimed that the defendant, Coventry Police Officer Mark Samsel, violated their Fourth Amendment rights when he illegally entered their property. Plaintiffs pled claims for unreasonable search, invasion of privacy, trespass, intentional infliction of emotional distress and negligent infliction of emotional distress. Defendant filed summary judgment as to all claims, and the Court granted summary judgment as to all claims, except for the Fourth Amendment illegal entry claim, finding that there was a disputed issue a fact as to whether or not the officer invaded the curtilage of their residence.