Smith v. City of Detroit
Summary: 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.