MICHAEL SEAGRAVE, plaintiff v. MICHAEL ATZET, and DOES 1-20 inclusive, defendant |
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). |
Miller v. Nye Cty. |
In this case, Plaintiff Gary Miller sued Nye County and one of its deputies under 42 U.S.C. § 1983 and various Nevada state laws for the fatal shooting of his dog, Blu. Blu was shot four times at the plaintiff's residence after officers responded when Mr. Miller accidentally set off a silent alarm at his own residence. The County and deputy moved to dismiss three of the plaintiff's claims and his request for punitive damages against the County. The court granted the motion to dismiss those claims because it found that the County is statutorily immune from Plaintiff's negligent-training claim and because he lacks the necessary relationship with Blu to establish a claim for negligent infliction of emotional distress. With regard to the punitive damages claim in a § 1983 action, the court granted the County's motion to dismiss that request for relief. Finally, the court granted the County's motion to dismiss Miller's § 1983 claim against it because the plaintiff failed to plead sufficient facts to state a plausible claim for relief under a theory of single-incident liability. However, the court granted leave to amend this claim if the plaintiff can plausibly allege that the County has engaged in a pattern of similar conduct, or that the scenario in this case is likely to recur and that an officer who is ill-equipped to handle the scenario will likely commit a constitutional violation. |
Mitchell v. Heinrichs |
Defendant shot plaintiff's dogs after perceiving they were a threat to her livestock and her when they trespassed upon her property. In denying defendant's claim for punitive damages, the court observed that in this case, defendant's conduct, while drastic, did not rise to the level of outrageousness. With regard to the trial court's award of only the market value of the dog to plaintiff , the court noted that it agreed with those courts that recognize that the actual value of the pet to the owner, rather than the fair market value, is sometimes the proper measure of the pet's value. However, the court declined to award Mitchell damages for her dog's sentimental value as a component of actual value to her as the dog's owner.
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Moreno v. Hughes |
This § 1983 action arises from the shooting of Plaintiffs' dog by Defendant Ronald Hughes, a Michigan Department of Corrections Absconder Recovery Unit Investigator. Defendant shot Plaintiffs' dog after entering her house by mistake to execute a fugitive warrant. This proceeding concerns a Motion in Limine filed by defendant seeking an order that plaintiffs are not entitled to noneconomic losses for the pain and suffering they sustained as a result of Defendant shooting their dog. Defendant contends that damage to personal property (including dogs) is limited to market value only. In rejecting Defendant's argument, this court found that it is "beyond dispute" that compensatory damages under § 1983 may include noneconomic injuries. A Plaintiff's interests in § 1983 actions contain different policy considerations than in traditional negligence claims. In fact, the court stated that, "[p]rohibiting recovery for emotional damages stemming from the loss of, or harm to, an animal caused by a constitutional violation would conflict with the compensatory and deterrence aims of § 1983." Additionally, applying Michigan law on the issue of emotional damages for injury to an animal would create inconsistency in civil rights actions since other states allow such damages. The court found that the determination of both compensatory and punitive damages must be left to the fact finder for each case, including this one. Defendant's Motion in Limine was denied. |
No Shelter from the Storm: How the Execution of Pets by Law Enforcement at Beauregard Middle School in St. Bernard Parish in the Aftermath of Katrina Violated the Constitutional Rights of Pet Owners |
This paper explores the Fourth Amendment rights of a dog owner when law enforcement executes his/her canine companion. This paper is framed around the experiences of St. Bernard Parish, Louisiana residents who evacuated to Beauregard Middle School during Hurricane Katrina.
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NV - Leash Law - Chapter 503. Hunting, Fishing and Trapping; Miscellaneous Protective Measures |
This Nevada statute makes it illegal to permit such dog to run at large if such dog is actively tracking, pursuing, harassing, attacking or killing any wildlife in a state-owned wildlife management area. |
Overview of Police Shooting Pets |
The following is a quick overview of the issues relating to cases involving police shooting of pets.
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Overview of Police Shooting Pets Update |
This overview explores recent trends in cases involving the shooting of pets by police officers. The primary law under which such claims can be brought (42 U.S.C. §1983) for constitutional violations is presented as well as defenses available to such actions. Finally, a short discussion on enhancement in training methods for officers and community strategies are provided. |
People v. Larson |
In December 2005, defendant Alan J. Larson was found guilty of possession of a firearm without a firearm owner's identification card and committing aggravated cruelty to an animal when he shot and killed the Larsons’ family dog Sinai in October 2004. Evidence included conflicting testimony among family members as to the disposition of the dog and whether he had a history of biting people, and a veterinarian who concluded that a gunshot to the brain was a conditionally acceptable method of euthanasia. Defendant appealed his conviction on the grounds that the aggravated-cruelty-to-an-animal statute was unconstitutionally vague because it fails to address how an owner could legally euthanize their own animal. The appellate court rejected this argument and affirmed defendant’s conviction. |
Pfeil v. Rogers |
Where sheriffs deputies acted in accordance with applicable state laws, there was no violation of Fourth Amendment rights in the shooting of plaintiff's dogs.
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