Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Scott v. Jackson County | 403 F.Supp.2d 999 (D.Or.,2005) |
On July 22, 2003, plaintiff filed suit alleging violations of her constitutional rights under 42 U.S.C. § 1983, various state common law claims, and violation of the Oregon Property Protection Act (plaintiff's neighbor complained to animal control in May 2001 after hearing the rabbits "screaming and dying"). Plaintiff's claims arise from the seizure of over 400 rabbits from her property, and the subsequent adoption and/or euthanasia of these rabbits. Defendants move for summary judgment on grounds of qualified immunity, failure to allege the proper defendant, and failure to provide notice under the Oregon Tort Claims Act. In granting defendants' motion for summary judgment, the Court found that even if the officers' entry and seizure of plaintiff's property was unlawful, they reasonably believed their actions to be lawful, therefore affording them qualified immunity protection. Further, the court found no taking occurred where the rabbits were euthanized and/or adopted out as part of a initial criminal forfeiture action. |
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| Sixth Angel Shepherd Rescue Inc. v. Pennsylvania SPCA | 2011 WL 605697 (2011) (Slip Copy) |
Plaintiff dog rescue received a shipment of dogs from a North Carolina animal shelter. Joseph Loughlin, a warden from the Pennsylvania Dog Law Enforcement Bureau, and officials from the Pennsylvania SPCA (“PSPCA”) seized the dogs. Plaintiff filed suit seeking a court order for the return of the dogs. Loughlin mailed to Plaintiff’s counsel a citation for violating the Pennsylvania Dog Law. Plaintiff filed this action, alleging malicious prosecution, abuse of process, a claim that both §§ 459-209(b) and 459-603(c) are unconstitutional, and damages for defamation and “derogatory publication.” The court dismissed all claims except for those relating to the Pennsylvania Dog Law, The court held that the as-applied dormant Commerce Clause challenges to §§ 459-209(b) and 459-603(c) were not ripe and moot, respectively. The First Amendment challenge to § 459-603(c) failed because the statute was not unconstitutionally vague. |
Case | |
| Sixth Angel Shepherd Rescue, Inc v. Bengal | 2011 WL 4867541 (C.A.3 (Pa.),2011) |
Sixth Angel Shepherd Rescue rescued three dogs from North Carolina and had them delivered to Pennsylvania. The Pennsylvania Bureau of Dog Law Enforcement seized them and turned them over to Appellants PSPCA. The District Court ordered Appellants to return the dogs to Sixth Angel based on a state law conversion claim. The motion was affirmed because PSPCA deprived Sixth Angel of its unique property. Returning the dogs to their owner served the public interest by settling property rights and allowing Sixth Angel to fulfill its mission of finding homes for the dogs. |
Case | |
| Smith v. City of Detroit | Slip Copy, 2017 WL 3279170 (E.D. Mich. Aug. 2, 2017); [Reversed and Remanded by 751 F. App'x 691 (6th Cir. 2018)] | [Reversed and Remanded by Smith v. City of Detroit, Michigan, 751 F. App'x 691 (6th Cir. 2018)] This case stems from the killing of three dogs by Detroit Police Officers in 2016. Plaintiff-dog owners brought a 42 U.S.C. § 1983 action based on unlawful seizure their dogs in violation of the Fourth Amendment. In addition, plaintiffs raised Monell municipal liability claims and state laws claims for conversion and intentional infliction of emotional distress (IIED). Before this court is defendants' motion for summary judgment. The shooting of the dogs occurred during a drug raid pursuant to a search warrant (the marijuana charges were eventually dismissed due to the failure of police officers to appear at trial). One of the dogs escaped his barricade in the basement and was shot after allegedly charging the officers. The other dog "opened and closed the bathroom door by himself" according to testimony of the officers in their depositions, information that was absent from initial police reports according to the court. The last dog was shot as she began "charging" up the basement stairs while officers were at the top of the stairs. Depositions statements also reveal that none of the officers received any specific training on handling animal encounters during raids and one of the officers indicated he had shot at least 69 animals and another had shot 39. In analyzing the plaintiffs' Fourth Amendment interests in their dogs, the court held that because plaintiffs failed to properly license their dogs under Michigan law, they did not have a "legitimate possessory interest protected by the Fourth Amendment." Thus, plaintiffs' claims based on the Fourth Amendment were dismissed. Specifically, the court stated, "in the eyes of the law it is no different than owning any other type of illegal property or contraband." As to the violation of a clearly established constitutional right for the seizure of the dogs under the Fourth Amendment against the police department, the court found the Detroit Police Department's plan did not violate the Fourth Amendment, especially where the informant said there was only a "small dog" present at the residence. The individual officers' actions were also found to be reasonable based on the "imminent threat" of the dogs. As to the Monell claim, plaintiffs failed to establish a pattern of violations showing deliberate indifference that is sufficient to establish municipal liability. Finally, on the IIED claim, the court relied on the fact that there is no precedent in Michigan to permit recovery for damage to property (to wit, a dog). Similarly, plaintiffs' conversion claim also failed where the court found the unlicensed status removed any "legitimate interest" in the dogs. The court subsequently granted defendants' motion for summary judgment. | Case | |
| Soldal v. County of Cook | 506 US 56 (1992) |
Fourth Amendment protections apply regardless of the specific reasons for why a seizure may have occurred. |
Case | |
| Southbark, Inc. v. Mobile County Com'n | 974 F.Supp.2d 1372 (S.D.Ala.,2013) | 2013 WL 5423806 (S.D.Ala.,2013) |
In the past, SouthBARK, a charitable non-profit no kill shelter, acquired dogs from the Mobile County Animal Shelter (MCAS) to prevent their euthanization. However, after a SouthBARK employee threatened a shelter worker and after numerous statements from SouthBark about the number of animals being killed at MCAS, MCAS refused to let SouthBARK take anymore dogs for a 6 month period. After the 6 month period, MCAS allowed SouthBARK to take dogs again, but soon afterwards sent a letter to SouthBARK informing them that they could not take any more animals. SouthBARK and Dusty Feller, the Vice President of SouthBARK, brought this action against Mobile County Commission and MCAS. On July 8, Defendants filed a Partial Motion to Dismiss. The District Court granted the motion in part and denied the motion in part, stating that it was "not inclinded to make Defendants' arguments for them." |
Case |
| State v. Murphy | 10 A.3d 697 (Me.,2010) | 2010 ME 140; 2010 WL 5353130 (Me.) |
Defendant appeals her convictions for assault of an officer, refusing to submit to arrest, criminal use of an electronic weapon, and two counts of cruelty to animals. In October 2009, a state police trooper was dispatched to defendant's home to investigate complaints that she was keeping animals despite a lifetime ban imposed after her 2004 animal cruelty conviction. The appellate found each of her five claims frivolous, and instead directed its inquiry as to whether the trial court correctly refused recusal at defendant's request. This court found that the trial court acted with "commendable restraint and responsible concern for Murphy's fundamental rights," especially in light of defendant's outbursts and provocations. |
Case |
| Szabla v. City of Brooklyn Park, Minnesota | 486 F.3d 85 (8th Cir. 2007) |
A man who was bitten by a police dog brought a § 1983 action against two cities and police officers for violating his Fourth Amendment rights; the man also brought some state laws claims against the defendants as well. When the district court granted Minnesota’s motion for summary judgment, the park occupant appealed and the appeals court reversed the lower court’s decision. The appeals court also granted a petition to rehear, en banc, the question of the city’s municipal liability and found that the city was entitled to summary judgment on that claim. Circuit Judge Gibson filed a dissenting opinion and was joined by Wollman, Bye, and Melloy. |
Case | |
| Szabla v. City of Brooklyn Park, MN | 437 F.3d 1289 (8th Cir. 2006) |
After an 8th Circuit decision to affirm the district court's summary judgment against Szabla and to reverse the district court’s grant of summary judgment for the City of Brooklyn Park, the City of Brooklyn Park filed a petition requesting a hearing en blanc. The 8th Circuit granted the petition, but limited the en blanc hearing to the issues raised in the city’s petition. In all other respects, however, the Szabla v. City of Brooklyn Park, Mn., 429 F.3d 1168 (8th Cir. 2005) panel opinion and judgment were reinstated. Szabla v. City of Brooklyn Park, Minnesota, 486 F.3d 385 (8th Cir. 2007). |
Case | |
| Szabla v. City of Brooklyn Park, Mn. | 429 F.3d 1168 (8th Cir., 2005) | 2005 WL 3209151 (8th Cir.) |
A homeless man was mistaken for the driver of a crashed car while sleeping in a public park and was bitten by a police dog. The homeless man brought claims under Section 1983 claiming his Fourth Amendment rights had been violated. The trial court granted summary judgment in favor of the police department and city, but the Court of Appeals remanded the issue of excessive force. Rehearing en Banc Granted in Part, Opinion Vacated in Part by Szabla v. City of Brooklyn Park, MN , 429 F.3d 1289 (8th Cir., 2006). |
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