Results

Displaying 91 - 100 of 106
Titlesort ascending Citation Alternate Citation Summary Type
Brown v. Muhlenberg Tp. 269 F.3d 205 (3rd Cir. 2001)

Pet owners were unreasonably deprived of their Fourth Amendment rights to their pet by police officer. Pennsylvania Court would recognize a claim for intentional infliction of emotional distress based upon the killing of a pet.

Case
Brandon v. Village of Maywood 157 F. Supp.2d 917 (N.D. Ill. 2001)

Plaintiffs brought § 1983 action against village and police officers after botched drug bust in which bystander and dog were wounded.  The court held that the police officers were entitled to qualified immunity in shooting of dog and the village did not have policies on police conduct that warranted liability.  However, issues of fact precluded summary judgment on false imprisonment claim based on officers' assertion of immunity.

Case
Bogart v. Chapell 396 F.3d 548 (4th Cir., 2005)

A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized.  The woman brought a section 1983 claim against the county sheriff's department and human society.  The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. 

Case
Black v. Coughlin 76 F.3d 72 (2nd Cir. 1996)

Prisoner brought action under § 1983 against commissioner of state department of correctional services to recover damages for punishment imposed as a result of improperly conducted disciplinary hearing.

Case
Big Cats of Serenity Springs, Inc. v. Vilsack --- F.Supp.3d ----, 2015 WL 1432069 (D. Colo. 2015) 2015 WL 1432069 (D. Colo. 2015) In an amended complaint, Plaintiffs asserted four claims against Defendants relating to a May 7, 2013 United States Department of Agriculture inspection of Big Cats of Serenity Springs, Inc. The claims included a Fourth Amendment right to be free from unreasonable searches and seizures; a 42 U.S.C. § 1983 claim against the Inspector Defendants “because they acted under color of state law when they induced the deputies to cut the chains and enter the premises;” a declaratory judgment “declaring that [Defendant] Thompson inappropriately overrode the medical advice of [Plaintiff] Big Cats' veterinarians and declaring that, in the future, the USDA cannot force [Plaintiff] Sculac to choose between following the medical advice of his veterinarians and the mandates of a USDA inspector;” and a declaratory judgment that the USDA must follow its own regulations and that it cannot conduct a warrantless search of the Big Cats facility outside of ‘normal business hours' solely because an inspector ‘want [s] to’ or because an inspector subjectively ‘believe[s][it] necessary to determine the welfare status of the animals....' ” In addition to declaratory relief, Plaintiffs also sought compensatory and punitive damages, costs, expenses, and prejudgment interest. Defendants filed a motion to dismiss. US Magistrate Judge issued a recommendation that, to the extent the Motion argued that the declaratory judgment claims should be dismissed because Plaintiffs lack standing, the Motion be granted in part and denied in part and that the declaratory judgment claims asserted by Plaintiffs Nick Sculac, Julie Walker, and Jules Investment, Inc. be dismissed without prejudice. In all other aspects, the Magistrate recommended that the Motion be denied. A District Court judge approved and adopted these recommendations and denied defendant’s objections to the recommendations. Case
Big Cats of Serenity Springs, Inc. v. Rhodes 842 F.3d 1280 (D.C. Cir. 2016) 2016 WL 7187301

Plaintiff, Big Cats of Serenity Springs is a Colorado-based non-profit that provides housing, food, and veterinary care for exotic animals. The facility is regulated by the Defendant, United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS). Three APHIS inspectors accompanied by sheriff's deputies broke into the Big Cats facility to perform an unannounced inspection of two tiger cubs. But at the time the inspectors entered the facility, the cubs were at a veterinarian's office receiving treatment. Big Cats sued the APHIS inspectors for the unauthorized entry and asserted that the entry was an illegal search under the Fourth Amendment and sought declaratory judgment and compensatory and punitive damages. The United States District Court for the District of Colorado,  granted APHIS's motion to dismiss in part and denied in part. APHIS appealed. The Court of Appeals, held that: (1) Big Cats could assert a Bivens claim; (2) Big Cats adequately alleged that the inspectors violated their Fourth Amendment right to be free from unreasonable searches and seizures; and (3) Big Cats had clearly-established the constitutional right to be free of unreasonable searches or seizures, thus weighing against the inspectors' claim of qualified immunity; but (4) the inspectors did not act under the color of state law, as required for § 1983 liability. The Court of Appeals reasoned that Big Cats' complaint stated a claim for relief under Bivens because No APHIS inspector would reasonably have believed unauthorized forcible entry of the Big Cats facility was permissible. Also, the Court reasoned that when the agents cut the locks to conduct a non-emergency inspection without a warrant, the federal officials did not act under color of state law, and the district court erred in denying the government's motion to dismiss the § 1983 claim. Therefore, the Court of Appeals affirmed the district court's order denying the government's motion to dismiss the Bivens claim and reversed the trial court's order denying the government's motion to dismiss the § 1983 claim.

Case
Becker v. Elfreich 821 F.3d 920 (7th Cir. 2016) 2016 WL 2754023 (7th Cir.,2016) Appellant, Officer Zachary Elfreich, went to the home of Appellee Jamie Becker in order to execute an arrest warrant. When Becker did not surrender right away, Officer Elfreich allowed his police dog to find and attack Becker. Upon seeing Becker, Officer Elfreich pulled him down three steps of the home staircase, and placed his knee on Becker’s back while allowing the dog to continue to bite him. Becker sued the city of Evansville and Officer Elfreich under 42 U.S.C. § 1983, alleging that the officer used excessive force in arresting him in violation of his Fourth Amendment rights. The district court denied Officer Elfreich's motion for summary judgment and the officer appealed. The Court of Appeals, Seventh Circuit, held that: first, under the totality of the circumstances, the force used by the officer post-surrender of Becker was not reasonable. Second, a police dog's use of the “bite and hold” technique is not per se deadly force. Third, Becker, was a nonresisting (or at most passively resisting) suspect when Officer Elfreich saw him near the bottom of the staircase and the officer should not have used significant force on him. Based on these factors, the officer was not entitled to qualified immunity and a reasonable jury could find such force was excessive. The lower court decision to deny Officer Elfreich's motion for summary judgment was affirmed. Case
Baughman v. City of Elkhart, TX Slip copy, 2018 WL 1510678 (E.D. Tex., 2018) Plaintiff Tammy Baughman filed a complaint on May 31, 2017 seeking relief pursuant to 42 U.S.C. § 1983, alleging a violation of her Fourteenth amendment rights; the Americans with Disabilities Act (ADA), alleging that she was discriminated against; the Fair Housing Amendments Act (FHAA), alleging a failure to make reasonable accommodations; and 42 U.S.C. § 3613. Plaintiff asserts that she is disabled due to a failed back surgery. She also has fibromyalgia, depression, and other health issues. Plaintiff has a seven pound ring tail lemur that she claims is an emotional support animal that improves her quality of life. Plaintiff's lemur bit a mail carrier on December 5, 2012 which left lacerations on the carrier's hand and wrist. Plaintiff then moved to Elkhart, Texas in December 2014 where her lemur bit another person on June 25, 2015. In both instances the lemur was quarantined for 30 days and then returned to Plaintiff. The City of Elkhart enacted an ordinance on October 5, 2015 that bans all non-human primates from the city. Plaintiff claims she requested an accommodation form the City to keep her lemur as an emotional support animal, but her request was denied. The defendants, which include the mayor and city council members, claim the plaintiff never requested an accommodation. Plaintiff further alleges that the defendants "showed deliberate indifference in refusing to give [her] a hearing and defend her lemur,' which violates the FHAA and ADA. On February 15, 2018, Defendants filed a Motion for Summary Judgment seeking a dismissal of all of Plaintiff's claims. Defendants claim that Plaintiff's lemur was involved in two documented attacks in Houston County, Texas and a third in Elkhart. Defendants assert that Plaintiff runs a retail resale shop out of her home and that in the third attack on June 25, 2015, the lemur jumped on a customer in plaintiff's store. Defendants assert that the ordinance was enacted as a legitimate exercise of the City's legislative power and police power. The District court concluded that the defendants are entitled to absolute judicial immunity for their conduct because the act of voting in favor of an ordinance is an undeniable legislative action. As for Plaintiff's 1983 claim, the District Court concluded that she had not shown a genuine issue of material fact concerning whether her due process rights were violated nor does she have a basis for a procedural due process claim. The ordinance is rationally related to the City's legitimate interest in the safety and welfare of its citizens. The ordinance does not violate the equal protection clause of the Fourteenth Amendment. As for Plaintiff's ADA claim, the District Court concluded that the Plaintiff had not shown that the reasonable accommodation that she requested - an exemption from the animal control ordinance - did not place an undue burden on the City of Elkhart. No facts were provided by the Plaintiff that would show that her interest in keeping her lemur outweighs the interest of the City in protecting its citizens. As for Plaintiff's ADA claim, in order to succeed on an ADA claim, there must be some evidence that set the animal apart from an ordinary pet. The Plaintiff failed to show any evidence that her lemur is specifically trained to perform tasks that help her in her daily life. The District Court held that the Defendant's motion for summary judgment is granted and the Plaintiff's complaint is dismissed with prejudice. Case
Bassani v. Sutton Slip Copy, 2010 WL 1734857 (E.D.Wash.)

Plaintiff initiated this lawsuit in 2008 claiming money damages under 42 U.S.C. §§ 1983, 1985, and 1988,and  alleging violations of his Fourth and Fourteenth Amendment rights. In 2004, plaintiffs two dogs were seized by Yakima County Animal Control after responding to a citizen's report that he had been menaced by dogs as he ran past plaintiff's house. Before the court here are Defendants' Motion to Dismiss and Opposition to Plaintiff's Motion for Leave to File First Amended Complaint. In granting the motions, the court held that the doctrine of res judicata did warrant a grant of summary judgment as defendants' failure to release plaintiff's dog. Further, the animal control officer was entitled to qualified immunity because he reasonably relied on the deputy prosecuting attorney's advice. Finally, there was no evidence of a pattern of behavior on the part of Yakima County sufficient to be a "moving force" behind a constitutional violation.

Case
Barber v. Pennsylvania Dept. Agriculture Slip Copy, 2010 WL 1816760 (W.D.Pa.)

The plaintiffs in this Pennsylvania case are owners and operators of a non-profit animal rescue and kennel that houses housing about 500 dogs doing business in and throughout Fayette County, Pennsylvania. The current dispute stems from a series of inspections of the kennels that occurred throughout the 2007 calendar year. Plaintiffs allege that defendants conspired in violation of 42 U.S.C. § 1985, and that the PSPCA and the Bureau of Dog Law Enforcement (the inspection branch of the Dept. of Agriculture) failed to take reasonable steps to protect them from the conspiratorial activity in violation of 42 U.S .C. § 1986. Plaintiffs also state that the PSPCA and the Bureau violated various of their constitutional rights in contravention of 42 U.S.C. § 1983. The Plaintiffs also seek to hold the Defendants liable for malicious prosecution under 42 U.S .C. § 1983. Finally, other counts allege that Defendant Delenick sexually harassed Plaintiff Rachel Lappe-Biler in violation of 42 U.S.C. § 1983; that plaintiff Pauline Gladys Bryner-Lappe was assaulted and battered in contravention of 42 U.S.C. § 1983 and the Fourth Amendment; and that the defendants intentionally inflicted emotional distress. Defendants filed a motion to dismiss all claims.

Case

Pages