Shooting of dog

Brooks v. Jenkins

Summary: County deputies went to a home with a warrant to arrest a couple's son. While many facts in this case were in dispute, the undisputed result was that a deputy shot the family's chocolate Labrador retriever. While the couple left the house to take the dog to the vet, the deputies entered the house—contrary to the couple's express instructions— and arrested the son. The couple filed a complaint in the Circuit Court seeking damages, on a number of theories, for the wounding of the dog and the officers' alleged unlawful entry into their home. After a trial, the couple prevailed against the deputies and the jury awarded damages totaling $620,000 (reduced, after remittitur, to $607,500). The deputies appeal. The Maryland Court of Special Appeals held the issue of whether deputy acted with gross negligence in shooting dog was for the jury; CJ § 11–110 did not limit the couple's total recovery for the constitutional tort to the capped value of their pet's vet bills; the $200,000 jury award in non-economic damages to the couple on their constitutional tort claim was not excessive in light of the evidence; the deputies were entitled to immunity from the constitutional trespass claim; and the couple could not recover emotional damages on the common law trespass claim. The lower court's decision was therefore affirmed in part, reversed in part, and remanded.

County deputies went to a home with a warrant to arrest a couple's son. While many facts in this case were in dispute, the undisputed result was that a deputy shot the family's chocolate Labrador retriever. While the couple left the house to take the dog to the vet, the deputies entered the house—contrary to the couple's express instructions— and arrested the son. The couple filed a complaint in the Circuit Court seeking damages, on a number of theories, for the wounding of the dog and the officers' alleged unlawful entry into their home. After a trial, the couple prevailed against the deputies and the jury awarded damages totaling $620,000 (reduced, after remittitur, to $607,500). The deputies appeal. The Maryland Court of Special Appeals held the issue of whether deputy acted with gross negligence in shooting dog was for the jury; CJ § 11–110 did not limit the couple's total recovery for the constitutional tort to the capped value of their pet's vet bills; the $200,000 jury award in non-economic damages to the couple on their constitutional tort claim was not excessive in light of the evidence; the deputies were entitled to immunity from the constitutional trespass claim; and the couple could not recover emotional damages on the common law trespass claim. The lower court's decision was therefore affirmed in part, reversed in part, and remanded.

KY - Property - Chapter 258. Animal Control and Protection.

Summary: This Kentucky statute provides that all licensed dogs are personal property and can thus be subject to larceny. It further states that it is unlawful (except as otherwise provided by law) for anyone, including a peace officer, to kill or attempt to kill a licensed dog.

This Kentucky statute provides that all licensed dogs are personal property and can thus be subject to larceny. It further states that it is unlawful (except as otherwise provided by law) for anyone, including a peace officer, to kill or attempt to kill a licensed dog.

KY - Impound - Chapter 258. Animal Control and Protection.

Summary: This Kentucky statute provides that peace officers, dog wardens, or animal control officers shall seize and impound any dog which does not bear a proper license tag or other legible identification which is found running at large. Interestingly, if an officer after diligent effort to do so, should fail to seize the dog, it is his or her duty to destroy the dog by any reasonable and humane means. The statute specifically exempts actively engaged hunting dogs from the "loose dog" prohibition.

This Kentucky statute provides that peace officers, dog wardens, or animal control officers shall seize and impound any dog which does not bear a proper license tag or other legible identification which is found running at large. Interestingly, if an officer after diligent effort to do so, should fail to seize the dog, it is his or her duty to destroy the dog by any reasonable and humane means. The statute specifically exempts actively engaged hunting dogs from the "loose dog" prohibition.

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.

Brock v. Rowe

Summary: Stan Brock, a former NFL star, is suing is neighbor for shooting his two dogs with a bow and arrow. This is an opposition to a motion to dismiss on a claim of emotional distress for loss of family pets. The motion was successful.

Stan Brock, a former NFL star, is suing is neighbor for shooting his two dogs with a bow and arrow. This is an opposition to a motion to dismiss on a claim of emotional distress for loss of family pets. The motion was successful.

MICHAEL SEAGRAVE, plaintiff v. MICHAEL ATZET, and DOES 1-20 inclusive, defendant

Summary: This California complaint arose from the shooting of plaintiff's golden retriever dog. Plaintiff's dog was secure in the backyard which was bordered by a fence. According to the complaint, defendant intentionally used a high-powered pellet rifle and shot the dog by positioning the rifle over or through the fence. This injury resulted in plaintiff's dog's death. The complaint raised three causes of action: (1) intentional infliction of emotional distress; (2) conversion; and (3) violation of California Civil Code of Procedure Section 3340 (related to damages to animals).

This California complaint arose from the shooting of plaintiff's golden retriever dog. Plaintiff's dog was secure in the backyard which was bordered by a fence. According to the complaint, defendant intentionally used a high-powered pellet rifle and shot the dog by positioning the rifle over or through the fence. This injury resulted in plaintiff's dog's death. The complaint raised three causes of action: (1) intentional infliction of emotional distress; (2) conversion; and (3) violation of California Civil Code of Procedure Section 3340 (related to damages to animals).