Francis X. Berkemeier v. City of Jackson, Michigan

NOT RECOMMENDED FOR PUBLICATION
File Name: 24a0178n.06
Case No. 23-1641
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FRANCIS X. BERKEMEIER, et al.,
Plaintiffs-Appellants,
v.
CITY OF JACKSON, MICHIGAN, et al.,
Defendants-Appellees.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN
OPINION
Before: BATCHELDER, THAPAR, and MATHIS, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. The City of Jackson, Michigan, has a
municipal ordinance that requires owners of non-owner-occupied residential properties to register
their properties, submit to inspections, and comply with habitability standards. As for the
inspections, the ordinance authorizes certain City officials to conduct inspections at a reasonable
time and in a reasonable manner. Specifically, in a nonemergency situation in which the owner
or occupant of the subject property does not consent to inspection of the premises, the inspecting
official must obtain an administrative warrant from a court of competent jurisdiction.
On about June 6, 2019, a City official affixed a notice to the door of Francis and Janet
Berkemeier’s property, alerting them that the City intended to conduct an inspection on June 17,
and explaining that unless the Berkemeiers consented, inspectors and police officers would enter
the property under authority of an administrative search warrant. The Berkemeiers did not
consent and on June 17, a City attorney obtained and executed an administrative search warrant.

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No. 23-1641, Berkemeier v. City of Jackson, Mich.
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The Berkemeiers sued the City and several City employees, claiming that the ordinance
violates the Fourth and Fifth Amendments to the Constitution, both on its face and as applied to
them. The defendants moved for summary judgment on the basis that an inspection conducted
pursuant to a properly obtained administrative search warrant does not violate the Fourth or Fifth
Amendments, nor had the Berkemeiers stated any other viable claims. The district court agreed.
Berkemeier v. City of Jackson, No. 19-12132, 2021 WL 9563331 (E.D. Mich. Dec. 20, 2021)
(magistrate judge’s R&R); 2022 WL 4378687 (Sept. 22, 2022) (adopting the R&R); 2023 WL
3973603 (June 13, 2023) (denying reconsideration). The Berkemeiers appeal.
After carefully reviewing the law, the parties’ arguments, and the record evidence, we
conclude that the district court correctly assessed the evidence and correctly applied the law to that
evidence. The issuance of a full written opinion by this court would serve no jurisprudential
purpose. Accordingly, for the reasons stated in the district court’s opinions, we AFFIRM.

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