Appellants filed a suit against defendant, City of West Branch, Iowa and former police chief Dan Knight, seeking damages and relief under Section 1983.  They contend that Knight wrongfully seized and deprived them of their property; specifically, their dog, Riker.  The dog was killed by mistake in the plaintiffs' fenced backyard in the view of the one of the plaintiffs.  The court determined that the officer acted unreasonably in shooting Riker in his owner's backyard where he presented no reasonable threat to anyone; thus, the officer was not entitled to qualified immunity.  The district court's grant of summary judgment for the officer was reversed and the case was remanded for a jury trial (the attachment of liability to the City of West Branch was with merit, the court found).

United States Court of Appeals for the Eighth Circuit Opinion (07/26/2006) (pdf file - 22.95 KB)