Civil Rights or Section 1983

Andrews v. City of West Branch Iowa

Summary:

Appellants filed a suit against defendant, City of West Branch, Iowa and former police chief Dan Knight, seeking damages and relief under Section 1983. The dog was killed by Knight in the owners' fenced backyard in view of one of the plaintiffs. The district court's grant of summary judgment for the officer was reversed and the case was remanded for a jury trial.

Appellants filed a suit against defendant, City of West Branch, Iowa and former police chief Dan Knight, seeking damages and relief under Section 1983. The dog was killed by Knight in the owners' fenced backyard in view of one of the plaintiffs. The district court's grant of summary judgment for the officer was reversed and the case was remanded for a jury trial.

Walking Search Warrants: Canine Forensics and Police Culture after Florida v. Harris

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Summary: The 1983 Supreme Court case of U.S. v. Place set initial parameters to tell police how and when dogs could be used at airports and in a number of other environments. Recently, narcotics detection dogs have come to be considered “walking search warrants” by their human counterparts. Particularly since the United States Supreme Court decided Florida v. Harris in 2013, such attitudes in law enforcement have been reinforced as to the use of such dogs in public places. This article explores the interaction of canine forensics and police culture, particularly focusing on the Supreme Court’s decision in Harris.

The 1983 Supreme Court case of U.S. v. Place set initial parameters to tell police how and when dogs could be used at airports and in a number of other environments. Recently, narcotics detection dogs have come to be considered “walking search warrants” by their human counterparts. Particularly since the United States Supreme Court decided Florida v. Harris in 2013, such attitudes in law enforcement have been reinforced as to the use of such dogs in public places. This article explores the interaction of canine forensics and police culture, particularly focusing on the Supreme Court’s decision in Harris.

CO - Police Training - Dog Protection Act

Summary: This Colorado statute requires local law enforcement to undergo training in order to prevent the shooting of dogs by local law enforcement officers in the line of duty. Specifically, this statute aims to assist in training officers to differentiate between threatening and non-threatening dog behaviors, as well as to employ non-lethal means whenever possible.

This Colorado statute requires local law enforcement to undergo training in order to prevent the shooting of dogs by local law enforcement officers in the line of duty. Specifically, this statute aims to assist in training officers to differentiate between threatening and non-threatening dog behaviors, as well as to employ non-lethal means whenever possible.

US - Civil Rights - Civil Action for Deprivation of Civil Rights

Summary: This law is the primary means by which a person can bring a violation of a constitutional right. To prevail in a claim under section 1983, the plaintiff must meet two elements: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. The statute provides immunity for persons operating under "color of law" acting in their official capacities.

This law is the primary means by which a person can bring a violation of a constitutional right. To prevail in a claim under section 1983, the plaintiff must meet two elements: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. The statute provides immunity for persons operating under "color of law" acting in their official capacities.

Ivey v. Hamlin (Unpublished)

Summary:

This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff that was alleging terrorizing the neighborhood.  In finding for defendant-officer, the court noted that the consensus among the courts is that a vicious dog is a public nuisance and that governments and their agents have broad power to protect the public from these animals.  The court thus found the officer acted reasonably under the circumstances and had a qualified immunity defense.

This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff that was alleging terrorizing the neighborhood.  In finding for defendant-officer, the court noted that the consensus among the courts is that a vicious dog is a public nuisance and that governments and their agents have broad power to protect the public from these animals.  The court thus found the officer acted reasonably under the circumstances and had a qualified immunity defense.

Altman v. City of High Point

Summary:

This case arises out of several shooting incidents in the City of High Point, North Carolina.  In each incident, a High Point animal control officer shot and killed one or more dogs that were running at large in the city. Plaintiffs, the owners of the animals, brought suit under 42 U.S.C. § 1983, alleging that the officers' actions violated their Fourth Amendment rights.  The Court of Appeals concluded that the dogs at issue in this case do qualify as property protected by the Fourth Amendment and that the officers seized that property. However, because in each instance the seizure involved was reasonable, it concluded that the officers did not violate the plaintiffs' Fourth Amendment rights.

This case arises out of several shooting incidents in the City of High Point, North Carolina.  In each incident, a High Point animal control officer shot and killed one or more dogs that were running at large in the city. Plaintiffs, the owners of the animals, brought suit under 42 U.S.C. § 1983, alleging that the officers' actions violated their Fourth Amendment rights.  The Court of Appeals concluded that the dogs at issue in this case do qualify as property protected by the Fourth Amendment and that the officers seized that property. However, because in each instance the seizure involved was reasonable, it concluded that the officers did not violate the plaintiffs' Fourth Amendment rights.

Rabideau v. City of Racine

Summary:

Pet owner could not recover damages for negligent infliction of emotional distress after a police officer shot her dog.  While the court recognized the bond between owner and pet, public policy prevented such recovery. However, under the proper circumstances, a person could recover for intentional infliction of emotional distress for the loss of a pet.

Pet owner could not recover damages for negligent infliction of emotional distress after a police officer shot her dog.  While the court recognized the bond between owner and pet, public policy prevented such recovery. However, under the proper circumstances, a person could recover for intentional infliction of emotional distress for the loss of a pet.

Crisman v. Hallows

Summary:

Plaintiff dog owners appeal the trial court's entry of summary judgment in favor of defendant Ted Hallows. Hallows. a Division of Wildlife Resources employee, shot the dogs after they got loose from plaintiffs' backyard. While the factual accounts of the shooting differed, Hallows asserted that he shot the dogs within the scope of his employment and was therefore protected under the Governmental Immunity Act. On appeal, the court first found that plaintiffs may maintain an action against Hallows for conduct outside the scope of his employment and this claim was not barred by their admitted failure to comply with the Immunity Act's notice of claim and statute of limitations requirements. Further, as to plaintiffs' claims that Hallows was not acting within his scope of employment when the shooting occurred, there was sufficient evidence to raise a genuine issue of material fact.

Plaintiff dog owners appeal the trial court's entry of summary judgment in favor of defendant Ted Hallows. Hallows. a Division of Wildlife Resources employee, shot the dogs after they got loose from plaintiffs' backyard. While the factual accounts of the shooting differed, Hallows asserted that he shot the dogs within the scope of his employment and was therefore protected under the Governmental Immunity Act. On appeal, the court first found that plaintiffs may maintain an action against Hallows for conduct outside the scope of his employment and this claim was not barred by their admitted failure to comply with the Immunity Act's notice of claim and statute of limitations requirements. Further, as to plaintiffs' claims that Hallows was not acting within his scope of employment when the shooting occurred, there was sufficient evidence to raise a genuine issue of material fact.

City of Houston v. Levingston

Summary:

A city veterinarian who worked for the Bureau of Animal Regulation and Care (BARC) brought an action against the city, arguing that he was wrongfully terminated under the Whistleblower’s Act. The vet contended that he reported several instances of abuses by BARC employees to the division manager. In upholding the trial court’s decision to award Levingston over $600,000 in damages, the appellate court ruled the evidence was sufficient to support a finding that the veterinarian was terminated due to his report . Contrary to the city’s assertion, the court held that BARC was an appropriate law enforcement authority under the Act to report violations of section 42.09 of the Texas Penal Code committed by BARC employees. Opinion Withdrawn and Superseded on Rehearing by City of Houston v. Levingston , 221 S.W.3d 204 (Tex. App., 2006).

A city veterinarian who worked for the Bureau of Animal Regulation and Care (BARC) brought an action against the city, arguing that he was wrongfully terminated under the Whistleblower’s Act. The vet contended that he reported several instances of abuses by BARC employees to the division manager. In upholding the trial court’s decision to award Levingston over $600,000 in damages, the appellate court ruled the evidence was sufficient to support a finding that the veterinarian was terminated due to his report . Contrary to the city’s assertion, the court held that BARC was an appropriate law enforcement authority under the Act to report violations of section 42.09 of the Texas Penal Code committed by BARC employees. Opinion Withdrawn and Superseded on Rehearing by City of Houston v. Levingston , 221 S.W.3d 204 (Tex. App., 2006).