Post details: Killing a dog is a "seizure"
02/17/08
Killing a dog is a "seizure"
Killing of plaintiff's dog was a "seizure" for Fourth Amendment purposes, but it was reasonable under the circumstances. After having fatally shot the dog, the officers put it out of its misery. Viilo v. City of Milwaukee, 552 F. Supp. 2d 826 (E.D. Wis. 2008):
In Siebert v. Severino, the Seventh Circuit held that "[t]he removal of an animal constitutes a 'seizure' for purposes of the Fourth Amendment, and thus such a seizure must meet that Amendment's constitutional requirements." 256 F.3d 648, 656 (7th Cir. 2001). Although the court was considering the seizure of horses rather than dogs, its use of the general word "animal," citation to the Lesher case, and failure to note any constraint based on Pfeil suggest that the Seventh Circuit would rule no differently in a case involving a dog. Finally, in Ellis v. City of Chicago, which predated Pfeil by a few years, the Seventh Circuit did not note any problems with a Fourth Amendment claim for the killing of a dog inside the plaintiffs' house. 667 F.2d 606, 610 (7th Cir. 1981).
Thus, a dog is an effect or personal property that can be seized. Andrews v. City of W. Branch, Iowa, 454 F.3d 914, 918 (8th Cir. 2006); Altman, 330 F.3d at 203; Brown, 269 F.3d at 210; Fuller, 36 F.3d at 68; see Lesher, 12 F.3d at 150-51; see Siebert, 256 F.3d at 655-56; Rabideau v. City of Racine, 2001 WI 57, P 5, 243 Wis. 2d 486, 627 N.W.2d 795. And, the killing of a dog "is a destruction recognized as a seizure under the Fourth Amendment." Fuller, 36 F.3d at 68; accord Altman, 330 F.3d at 205; Brown, 269 F.3d at 210.
Plaintiff was removed from a Greyhound bus for not having a ticket, and he fell as he was getting out of the bus. He was arrested for "disorderly conduct at a bus station," but the charge was dismissed when it was discovered that plaintiff needed to go to the hospital [apparently so they wouldn't have to be responsible for the medical bills]. Any use of force by the officer was appropriate to the resistence, and plaintiff's falling off the bus was not of the officer's doing. Kagan v. Mosley, 2008 U.S. Dist. LEXIS 10830 (E.D. N.C. February 11, 2008).*
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