A Scottsbluff man’s federal lawsuit against two sheriff’s deputies will proceed after a judge ruled they may have violated his Fourth Amendment rights by entering his home without a warrant. Senior U.S. District Judge John Gerrard denied a request to dismiss the lawsuit filed by Garry Zika against Scotts Bluff County Sheriff’s Deputies Christopher Calvert and Matthew Holcomb.
The case stems from a January 26, 2020, incident, when a neighbor reported that Zika had run over a mailbox with his tractor. Upon arriving at the scene, Deputy Calvert observed Zika on the tractor and a mailbox on the ground. Rather than immediately approaching Zika, who had entered his home, Calvert spoke to the neighbor, took photos, and called for backup, knowing that Zika had previous encounters with law enforcement.
When deputies later knocked on Zika’s door to question him, he refused to speak, called 911 to report them for trespassing, and attempted to block them from entering his home. Despite this, Calvert and Holcomb forced their way inside, where a physical struggle occurred. While deputies claimed Zika resisted arrest, Zika stated that they tackled him immediately. Both sides agree that Calvert tased Zika twice before handcuffing and arresting him.
Zika was charged with resisting arrest, obstructing an officer, and criminal mischief, spending about a week in jail before posting bond. However, the criminal charges were later dropped and sealed. His civil lawsuit, represented by attorney Matt Catlett, argues that the deputies used excessive force and violated his constitutional rights.
In his ruling, Judge Gerrard reaffirmed that warrantless searches and seizures inside a home are generally unconstitutional, except under specific circumstances. While the deputies had probable cause to believe Zika had committed property damage, the judge ruled that probable cause alone does not justify entering a home without a warrant.
The deputies’ attorney, Charles Campbell, argued that they were in hot pursuit and that Zika posed a potential safety risk. However, Judge Gerrard rejected that argument, stating that there was no immediate threat, no weapons involved, and that a nonviolent property crime did not justify urgent action.
Gerrard has allowed the excessive force claim to proceed, particularly against Deputy Calvert, for tasing Zika twice despite his nonviolent offense. The case reinforces the legal precedent that law enforcement must have a warrant or an immediate need for action to justify entering a private residence.
Comments