Due Process

Summary: This action concerns the release of a dog who was impounded and classified as “dangerous” without a chance for his owner to argue against the action. Plaintiff Malane Wilson filed a petition for a preliminary and permanent injunction, a petition for declaratory judgment, and a petition for replevin against the City of St. Louis and the Animal Regulation Center, among others. The subject of the petitions concerned her American Pit Bull Terrier named Max who was seized by agents of the Animal Regulation Center as an apparent “dangerous dog.” Plaintiff contends that Max’s alleged actions in killing the neighbor’s dog did not qualify under the St. Louis City Ordinance as a “dangerous dog.” Further, plaintiff was not given any legal or administrative hearing once her dog was seized, contrary to due process requirements. She also sought in her declaratory petition to have the ordinance declared illegal, void, and unconstitutional for its failure to adequately define “dangerous dog” and “potentially dangerous dog.” The Circuit Court for the City of St. Louis found that the plaintiff would suffer irreparable harm if the preliminary injunction was not granted. Thus, the City was enjoined from killing or otherwise harming Max. They were also ordered to release Max, remove his “dangerous” designation, and have him instead classified as “potentially dangerous.” The plaintiff was required to comply with enclosure and other safety requirements for Max.

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Poultry Producers brought claims against the Pennsylvania Department of Agriculture for deprivation of their property without adequate due process in response to an outbreak of avian influenza. The United States District Court for the Middle District of Pennsylvania, granted defendants' motion for summary judgment and the Court of Appeals affirmed, reasoning there was no due process deprivation by failing to issue notice and an opportunity for a hearing before the quarantine and depopulation of the producers' flocks.

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City of Akron, Ohio cat owners filed suit against city, its mayor, and city council president, seeking declaratory judgment that new city code sections, relating to the trapping and euthanization of free-roaming cats, were unconstitutional.  After the Court of Common Pleas, Summit County granted summary judgment to defendants, the cat owners appealed.  The Court of Appeals held that the city's ordinances relating to the trapping and euthanization of free-roaming cats did not violate cat owners' substantive due process rights.  Further, the ordinances which allowed a cat to be euthanized after three business days following the date of impoundment, did not violate cat owners' procedural due process rights or right to equal protection.  Finally, the ordinances, which allowed city to seize free-roaming cats in response to complaints, did not violate the Fourth Amendment and city's actions were covered by sovereign immunity.

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The court held that admission of photographs of the victim was harmless because based on the overwhelming evidence against defendant, the jury would have found him guilty without the photographs.

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The following is a brief summary of areas that will be covered for this topic.

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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.

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This summary examines the nature and authority of state and local dog laws. It also describes the general subjects included in dog laws, such as loose dogs and impoundment procedures. The concept of preemption of local laws is also defined.

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This article discusses when ownership of a dog that is lost or relinquished by its owner transfers to an animal shelter. The shelter's property rights in a found animal vary depending on whether the animal is licensed or unlicensed, stray or abandoned. Each state has its own rules regarding how long a shelter must keep an animal before transferring ownership to a third party.

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This paper overviews the general police power local municipalities have over the regulation of dogs. In doing so, the paper touches upon the subjects of local dog regulation and the associated caselaw. The paper also discusses preemption of local dog laws by overriding state laws.

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This article discusses what due process rights dog owners must receive before the government can remove or euthanize their dogs.