Justia Animal / Dog Law Opinion Summaries

A police officer, Mathew Grashorn, shot a dog named Herkimer after responding to a business owner's call about a truck in a parking lot after hours. Upon arrival, Officer Grashorn saw the truck and two dogs, Bubba and Herkimer. Bubba initially ran towards the officer but returned to his owner when called. Herkimer then emerged and ran towards the officer, who shot the dog when it was a few feet away. Herkimer was later euthanized due to the injuries.The plaintiffs, Wendy Love and Jay Hamm, sued Officer Grashorn for violating the Fourth Amendment. The United States District Court for the District of Colorado denied the officer's motion for summary judgment based on qualified immunity, concluding that a jury could reasonably find that Herkimer did not pose an immediate danger, and thus the shooting could be a clearly established violation of the Fourth Amendment.The United States Court of Appeals for the Tenth Circuit reviewed the case de novo. The court upheld the district court's denial of summary judgment, agreeing that a jury could find no immediate danger and that the officer had time to consider non-lethal options. The court emphasized that common sense and case law clearly establish that shooting a pet dog without an immediate threat constitutes a Fourth Amendment violation. The court also rejected the officer's argument that a reasonable mistake about the danger would grant him qualified immunity, as the district court's factual conclusions suggested the mistake was unreasonable. The Tenth Circuit affirmed the district court's decision, denying qualified immunity to Officer Grashorn. View "Love v. Grashorn" on Justia Law

Big Cats of Serenity Springs was a Colorado-based non-profit that provided housing, food, and veterinary care for exotic animals. The facility was regulated by the United States Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS). Three APHIS inspectors accompanied by sheriff’s deputies broke into the Big Cats facility without its permission to perform an unannounced inspection of two tiger cubs. But at the time the inspectors entered the facility, the cubs were at a veterinarian’s office receiving treatment, just as Big Cats had promised the APHIS inspectors the previous day. Big Cats and its directors sued the APHIS inspectors for the unauthorized entry pursuant to "Bivens v. Six Unknown Narcotics Agents," (403 U.S. 388 (1971)) and 42 U.S.C. 1983, asserting the entry was an illegal search under the Fourth Amendment. The district court denied the APHIS inspectors’ motion to dismiss the complaint and they filed an interlocutory appeal challenging the court’s failure to grant qualified immunity. The Tenth Circuit affirmed in part and reversed in part. Big Cats’ complaint stated a claim for relief under "Bivens." No APHIS inspector would reasonably have believed unauthorized forcible entry of the Big Cats facility was permissible, and therefore Big Cats and its directors could have a claim for violation of their Fourth Amendment right to be free from an unreasonable search. But the Court reversed on Big Cats’ civil rights claim because the federal inspectors were not liable under section 1983 in the circumstances here. View "Big Cats of Serenity Springs v. Vilsack" on Justia Law