Homeowner brought § 1983 action in state court against city and county, alleging a taking without compensation stemming from city and county law enforcement officers’ execution of search warrant at home, which allegedly caused significant damage to home. Case was removed.
The United States District Court for the Northern District of Indiana granted defendants’ motion to dismiss for failure to state claim. Homeowner appealed.
The Court of Appeals held that alleged property damage to home was not a taking that would require just compensation.
Alleged property damage to home, including destruction of items from toxic gas fumes and damage to internal security cameras, resulting from city and county law enforcement officers’ execution of valid search warrant, as part of officers’ attempt to find a fugitive that officers incorrectly believed was inside the home, was not a “taking” of homeowner’s property that would require just compensation, regardless of whether homeowner had any connection to the sought-after suspect; officers’ actions were performed under police power rather than power of eminent domain.