UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ RICHARD L. CLEMONS, │ Plaintiff-Appellant, │ > No. 19-6411 │ v. │ │ JOHN COUCH, Individually, │ Defendant-Appellee. │ ┘

Appeal from the United States District Court for the Eastern District of Kentucky at London. No. 6:17-cv-00063—Hanly A. Ingram, Magistrate Judge.

Argued: October 22, 2020

Decided and Filed: July 7, 2021

Before: COOK, BUSH, and NALBANDIAN, Circuit Judges. _________________

COUNSEL ARGUED: Bethany N. Baxter, JOE F. CHILDERS & ASSOCIATES, Lexington, Kentucky, for Appellant. Brenn O. Combs, KENTUCKY STATE POLICE, Frankfort, Kentucky, for Appellee. ON BRIEF: Bethany N. Baxter, Joe F. Childers, JOE F. CHILDERS & ASSOCIATES, Lexington, Kentucky, for Appellant. Brenn O. Combs, Shawna Kincer, KENTUCKY STATE POLICE, Frankfort, Kentucky, for Appellee.

BUSH, J., delivered the opinion of the court in which COOK, J., joined. NALBANDIAN, J. (pp. 12–19), delivered a separate opinion concurring in part and dissenting in part. No. 19-6411 Clemons v. Couch Page 2

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OPINION _________________

JOHN K. BUSH, Circuit Judge. Many families live through their fair share of drama during the holidays. But on Easter Sunday, March 27, 2016, the Clemons family experienced more than they might have expected. As the result of a family feud that sparked a home visit by a state trooper, three members of the family were arrested and the litigation giving rise to this appeal ensued.

The trouble arose when Kentucky State Trooper John Couch escorted Christina Clemons so she could retrieve some personal belongings from the residence of her in-laws, Evalee and Richard Clemons, where Christina and her then-husband, Dustin Clemons, had been staying. That living arrangement changed, however, after Christina fought with her in-laws and they ordered her out. When Christina returned to gather her things, she brought along reinforcements—her mother and Trooper Couch. Upon Couch’s entry into the house, he exchanged words with Christina’s father-in-law, Richard, who objected to Couch’s presence in his home. As the trooper was leaving, Richard told Couch that he smelled “like pig shit.” The trooper responded by clobbering the father-in-law, who fought back. Evalee and Dustin soon joined in the melee. Easter evening ended with Couch’s arrest of all three. Months later, a grand jury declined to indict any of the Clemons family.

On March 13, 2017, Richard Clemons filed suit against Couch and others, alleging, as relevant on appeal, that Couch entered his home without a warrant in violation of the Fourth Amendment. A magistrate judge, hearing the case by consent of the parties, granted Couch qualified immunity on the unlawful-entry claim. The court determined that Couch’s entry was justified by the “community caretaker” exception to the Fourth Amendment’s warrant requirement, and that Couch also had Christina’s consent to enter the home. Richard appeals.

We reverse and remand for fur