United Pet Supply, Inc. v. City of Chattanooga, Tenn.
Summary: In June 2010, a private non-profit corporation that contracted with the City of Chattanooga to provide animal-welfare services, received complaints of neglect and unsanitary conditions at a mall pet store. Investigations revealed animals in unpleasant conditions, without water, and with no working air conditioner in the store. Animals were removed from the store, as were various business records, and the private, contracted non-profit began to revoke the store's pet-dealer permit. Pet store owners brought a § 1983 suit in federal district court against the City of Chattanooga; McKamey; and McKamey employees Karen Walsh, Marvin Nicholson, Jr., and Paula Hurn in their individual and official capacities. The Owners alleged that the removal of its animals and revocation of its pet-dealer permit without a prior hearing violated procedural due process and that the warrantless seizure of its animals and business records violated the Fourth Amendment. Walsh, Nicholson, Hurn, and McKamey asserted qualified immunity as a defense to all claims. On appeal from district court decision, the Sixth Circuit held the following: Hurn, acting as a private animal-welfare officer, could not assert qualified immunity as a defense against suit in her personal capacity because there was no history of immunity for animal-welfare officers and allowing her to assert qualified immunity was not consistent with the purpose of 42 U.S.C. § 1983. Walsh and Nicholson acting both as private animal-welfare officers and as specially-commissioned police officers of the City of Chattanooga, may assert qualified immunity as a defense against suit in their personal capacities. With respect to entitlement to summary judgment on the basis of qualified immunity in the procedural due-process claims: Walsh and Nicholson are entitled to summary judgment on the claim based on the seizure of the animals, Nicholson is entitled to summary judgment on the claim based on the seizure of the permit, and Walsh is denied summary judgment on the claim based on the seizure of the permit. Regarding entitlement to summary judgment on the basis of qualified immunity on the Fourth Amendment claims: Walsh and Nicholson are entitled to summary judgment on the claim based on the seizure of the animals, Nicholson is entitled to summary judgment on the claim based on the seizure of the business records, and Walsh is denied summary judgment on the claim based on the seizure of the business records.Because qualified immunity was not an available defense to an official-capacity suit, the court held that employees may not assert qualified immunity as a defense against suit in their official capacities. The district court’s entry of summary judgment was affirmed in part and reversed in part, and remanded for further proceedings consistent with this opinion.