Can You Sue the Police for Killing Your Dog?

Too many Miami residents have experienced police brutality. What makes matters worse is that the excessive force used by police does not just affect individuals and their families. It can also affect their pets.

In recent years, we have seen a number of cases where local police have shot–and killed–family dogs in the course of carrying out a search warrant or arrest. This has prompted a number of federal civil rights lawsuits. And thanks to a recent decision by the federal appeals court with jurisdiction over Florida, many of those plaintiffs will now see their day in court.

11th Circuit Rules “Unreasonable” Shooting of Dog Can Constitute a Fourth Amendment Violation

The facts of this particular case, Plowright v. Miami Dade County, are especially troubling. The plaintiff is a Miami-Dade resident. One morning, she called 911 to report a trespasser on a neighboring lot. Two Miami-Dade police officers responded. When the plaintiff came out to greet the officers, however, they proceeded to treat him as the suspect, shouting at him to put up his hands.

At the same time, the plaintiff’s bulldog entered the scene. The officers ordered the plaintiff to control his dog. But before the plaintiff had a chance to act, one of the officers fired his Taser at the bulldog. This sent the animal into shock. The other officer then fired his gun twice at the dog, killing the animal.

The plaintiff subsequently filed a federal civil rights lawsuit against Miami-Dade County, its police chief, and the two officers. The trial court dismissed the case, however, holding the plaintiff failed to identify any binding precedent “holding that an officer shooting a dog amounts to” a violation of a person’s constitutional rights.

The plaintiff appealed to the United States Court of Appeals for the 11th Circuit, which reversed the trial judge and held the plaintiff could proceed with his lawsuit. The Court explained that normally, the legal doctrine of “qualified immunity” shields public officials from civil liability when their conduct “does not violate a constitutional right that was clearly established at the time of the challenged action.” Here, the 11th Circuit acknowledged that it had “never addressed the specific question whether shooting a domestic animal” violates a clearly established right. It now held that it did.

The Court noted that under Florida law, domestic animals such as dogs are considered the “personal property” of their owners. As such, a dog is also “property” for purposes of the Fourth Amendment, which protects a person’s property from “unreasonable” seizures by the police. Following this reasoning, the 11th Circuit said that “shooting a domestic animal undoubtedly interferes with its owner’s possessory interests,” and therefore the officers’ actions were only permissible if their decision was “reasonable.”

Based on the plaintiff’s allegations in his lawsuit, the police did not have any reason to believe that shooting the dog was necessary to protect themselves or anyone else from “imminent danger.” While the defendants may be able to prove otherwise at trial, the plaintiff was entitled to at least present his case.

Contact Asilia Law Firm Today

Law enforcement officers make mistakes. But when such mistakes result in damage to you, your family, or your property, you should not hesitate to contact a Miami civil rights attorney who can help you hold the government accountable for its actions. Call the Asilia Law Firm today at (786) 420-3014 to schedule an initial consultation with a member of our team.

Source:

media.ca11.uscourts.gov/opinions/pub/files/202310425.pdf