Civil Rights or Section 1983

Fuller v. Vines

Summary:

Motion for leave to amend § 1983 civil rights complaint to add claims that police officer violated Fourth Amendment by shooting pet dog and by pointing gun at one plaintiff was denied and the United States District Court for the Northern District of California entered summary judgment in favor of police officers and city. Plaintiffs appealed. The Court of Appeals held that: (1) killing of pet dog stated Fourth Amendment violation, but (2) no seizure of plaintiff occurred when police pointed gun.

Motion for leave to amend § 1983 civil rights complaint to add claims that police officer violated Fourth Amendment by shooting pet dog and by pointing gun at one plaintiff was denied and the United States District Court for the Northern District of California entered summary judgment in favor of police officers and city. Plaintiffs appealed. The Court of Appeals held that: (1) killing of pet dog stated Fourth Amendment violation, but (2) no seizure of plaintiff occurred when police pointed gun.

Brown v. Muhlenberg Tp.

Summary:

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.

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.

Dubner v.City and County of San Francisco

Summary:

Photographer brought § 1983 claim and several state law claims against city, police officers, and chief of police alleging unlawful arrest. The Court of Appeals, D.W. Nelson, Circuit Judge, held that: (1) photographer established prima facie case of her unlawful arrest by police officers at animal rights demonstration; (2) police lacked probable to cause to arrest photographer for trespassing under California law; (3) police lacked probable cause to arrest photographer under California's unlawful assembly statute; and (4) police chief could be held liable in his individual capacity.

Photographer brought § 1983 claim and several state law claims against city, police officers, and chief of police alleging unlawful arrest. The Court of Appeals, D.W. Nelson, Circuit Judge, held that: (1) photographer established prima facie case of her unlawful arrest by police officers at animal rights demonstration; (2) police lacked probable to cause to arrest photographer for trespassing under California law; (3) police lacked probable cause to arrest photographer under California's unlawful assembly statute; and (4) police chief could be held liable in his individual capacity.

Brandon v. Village of Maywood

Summary:

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.

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.

Newsome v. Erwin

Summary:

Plaintiff brought § 1983 action against county sheriff and others alleging that defendants violated his Eighth and Fourteenth Amendment rights when they shot and killed his pet lioness.

Plaintiff brought § 1983 action against county sheriff and others alleging that defendants violated his Eighth and Fourteenth Amendment rights when they shot and killed his pet lioness.

Lesher v. Reed

Summary:

Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child.

Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child.

A Factual Account of Immi's Shooting

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Summary:

The following excerpt from an appellate court opinion contains the actual facts that occurred when a 3-year old Rotweiller named Immi was unreasonably shot to death by a police officer.

The following excerpt from an appellate court opinion contains the actual facts that occurred when a 3-year old Rotweiller named Immi was unreasonably shot to death by a police officer.