Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Andrews v. City of West Branch Iowa | 454 F.3d 914 (8th Cir., 2006) |
Appellants filed a suit against defendant, City of West Branch, Iowa and former police chief Dan Knight, seeking damages and relief under Section 1983. The dog was killed by Knight in the owners' fenced backyard in view of one of the plaintiffs. The district court's grant of summary judgment for the officer was reversed and the case was remanded for a jury trial. |
Case | |
| Anderson v. Creighton | 483 US 635 (1987) |
Suit was brought against FBI agent seeking damages resulting from warrantless search of residents' home. |
Case | |
| Anderson v. City of Camden | 2011 WL 4703104 (2011) |
Defendant Animal Control officers took Plaintiffs' two dogs pursuant to a pick-up order issued by a Magistrate of Kershaw County. The two dogs had a history of attacking other dogs and of running loose. Plaintiffs filed Fourth Amendment and South Carolina Tort Claims Act claims against Defendants. Court granted Defendants' motions for summary judgment because they did not violate a clearly established constitutional law, and were, therefore, entitled to qualified immunity from Plaintiffs' Fourth Amendment claim. |
Case | |
| Amons v. District of Columbia | 231 F. Supp 2d. 109 (D.D.C. 2002) | 2002 WL 31455095 (D.D.C.) |
Plaintiff filed a Section 1983 action against D.C. police officers alleging, inter alia , intentional infliction of emotional distress for the unprovoked shooting of his dog inside his home. The court found that the officers lacked probable cause for the warrantless entry into his home to make the arrest, the arresting officer made "an egregiously unlawful arrest," and the officers were unreasonable in shooting plaintiff's dog without provocation. |
Case |
| Altman v. City of High Point | 330 F.3d 194 C.A.4 (N.C. 2003) |
This case arises out of several shooting incidents in the City of High Point, North Carolina. In each incident, a High Point animal control officer shot and killed one or more dogs that were running at large in the city. Plaintiffs, the owners of the animals, brought suit under 42 U.S.C. § 1983, alleging that the officers' actions violated their Fourth Amendment rights. The Court of Appeals concluded that the dogs at issue in this case do qualify as property protected by the Fourth Amendment and that the officers seized that property. However, because in each instance the seizure involved was reasonable, it concluded that the officers did not violate the plaintiffs' Fourth Amendment rights. |
Case | |
| Allen v. Pennsylvania Society For The Prevention of Cruelty To Animals | 488 F.Supp.2d 450 (M.D.Pa., 2007) | 2007 WL 1454514 (M.D.Pa.) |
This is a § 1983 civil rights action brought by Robert Lee Allen against certain state actors arising from their search of his property, seizure of his farm animals, and prosecution of him for purported violations of Pennsylvania's cruelty-to-animals statute. The animals Allen typically acquires for his rehabilitation farm are underweight, in poor physical condition, and suffer from long-standing medical issues. After receiving a telephone complaint regarding the condition of the horses and other livestock on Allen's farm, humane officers visited Allen's property to investigate allegations. Subsequently, a warrant to seize eight horses, four goats, and two pigs was executed on a day when the officers knew Allen would be away from his farm with "twenty five assorted and unnecessary individuals." The court held that the farmer's allegations that state and county humane societies had a custom, policy or practice of failing to train and supervise their employees stated § 1983 claims against humane societies. Further, the defendants were acting under color of state law when they searched and seized farmer's property.
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