Michael Mockeridge and Suan J. Mockerridge v. Harry Harvey, et al.

Bay City, Michigan, civil rights lawyer represented the Plaintiffs who sued on a Fourth Amendment violation theory,



In September 2020, Michael Mockeridge and Susan Mockeridge purchased 40 acres of

land in northern Michigan for "cabining, enjoying nature, and family gatherings.” R. 79-2,

PageID 805. The property is remote. To access it, one leaves Hubbard Lake Trail—the nearest

public road—and traverses Skylar Trail before reaching the Mockeridges' 7,200-square-foot

"driveway” at the east of the property. Id. at 805. Their one-story, 696-square-foot residential

cabin is at the end of the driveway, in the northwest corner of the property.



Shortly after purchase, the Mockeridges and their adult children decided to install five

prefabricated 200-square-foot "mini-cabins” near the original cabin as "sleeping quarters” for

family members. R. 85-2, PageID 1483. The Mockeridges claim that before purchasing the

mini-cabins, they spoke with two Alcona County officials, including Harry Harvey—the

building inspector—who advised them that they did not need permits for their project. Harvey

denied this.



In any event, the Mockeridges ordered and set up the five mini-cabins on their property,

installed a sign along the driveway which read, in part, "Mockeridge Family Campground,” and

began sleeping in the mini-cabins. The mini-cabins are clustered at least 80 feet from the

original cabin, abutting the neighboring property to the north, on cleared land relative to the

dense surrounding forest.Nos. 23-1942/1998 Mockeridge et al. v. Harvey et al. Page 3

circuit-breaker box and electrical outlets, but no plumbing. The roofs are insulated, and the walls

are "solid logs.” Id. at 1405. The mini-cabins have small porches and multiple windows.

Keith Krentz, an owner of adjacent property, saw the Mockeridge Family Campground

sign and became concerned that the Mockeridges planned to operate a public campground. In

May 2021, Krentz and three other neighbors submitted complaints to the Alcona County health

department reporting this concern, as well as concerns about licensing, sanitation, and fire

hazards.



On June 2, 2021, Krentz escorted three government officials—Harvey, David Schmidt,

the environmental health program coordinator of District Health Department No. 2 for Alcona

County, and Kenneth Gibson, the Caledonia Township zoning administrator—to the

Mockeridges' property to see the mini-cabins. Krentz first drove Harvey, Schmidt, and Gibson

up Skylar Trail and the Mockeridges' driveway. They observed the Family Campground sign

along the driveway, and then Krentz turned around and drove the group to his godson's property,

which abuts the Mockeridges' property to the north. There is no regular access to the

Mockeridges' property from the north. Nonetheless, through dense woods, the group observed

the Mockeridges' cabins beyond the northern property line. At the time, the cabins were

unoccupied.



Gibson observed that one of the mini-cabins appeared to violate Caledonia Township's

setback requirements. He then entered the Mockeridges' property to measure the setback from

the mini-cabin closest to the property line.



Harvey and Schmidt then came onto the Mockeridges' property and inspected the mini-

cabins and the surrounding area. Harvey used a flashlight, looked in the windows of the mini-

cabins, and observed that they had bunk beds and electricity, but he believed they did not have

smoke detectors. Gibson did not enter any of the cabins or look in their windows.

Krentz followed Gibson, Harvey, and Schmidt onto the property and took photographs,

including one capturing all three officials near one of the mini-cabins. The officials did not

obtain a warrant or the Mockeridges' consent for the visit.Nos. 23-1942/1998 Mockeridge et al. v. Harvey et al. Page 4

On June 16, 2021, Schmidt mailed a letter to the Mockeridges informing them that the

County had received complaints about an unlicensed campground at their property, and that he

and other representatives of Alcona County and Caledonia Township had visited the

Mockeridges' property to investigate. The letter detailed the officials' findings from the site

visit, classified the Mockeridges' property as a campground, and advised that they needed to

begin the licensing process. On July 30, 2021, the Mockeridges applied for the requisite building

permits. Upon being informed that Alcona County would approve the permits, but with a

penalty for starting work before obtaining the permits, the Mockeridges sued.

Pertinent here, the Mockeridges brought a Fourth Amendment claim under 42 U.S.C.

§ 1983 against Harvey, Schmidt, and Gibson, asserting that the officials had conducted an

unreasonable search during the site visit.

The Mockeridges and the government officials cross-moved for summary judgment. The Mockeridges asserted that they were entitled to summary judgment as to liability on their Fourth Amendment claim; Harvey, Schmidt, and Gibson countered that they were entitled to qualified immunity on that claim. The district court granted the Mockeridges’ motion and denied qualified immunity to Harvey, Schmidt, and Gibson. Harvey, Schmidt, and Gibson timely appealed the district court’s denial of qualified immunity.



Affirmed