Johnson v. Manitowoc County

Dist. Ct. did not err in granting defendants' motion for summary judgment in section 1983 action alleging that defendants were unreasonable in gathering and retaining from defendant's property evidence concerning crime allegedly committed by plaintiff's tenant. Defendants' use of jackhammer instead of less destructive instrument to remove concrete from plaintiff's garage was not unreasonable to carry out purposes of search warrant where defendants had belief that concrete slab was being utilized to hide evidence. Moreover, plaintiff had no viable cause of action under Takings Clause of 5th Amendment where instant property was retained or damaged under state's police power.