United States Eighth Circuit
Andrews v. City of W. Branch, 05-1188
Summary judgment to a former police chief on a claim he violated plaintiffs' civil rights in shooting their dog after mistaking it for a stray is reversed in part where a reasonable jury could find that defendant acted unreasonably when he seized and killed the dog, and defendant was not entitled to qualified immunity as he knew at the time he shot the dog that he was violating the plaintiffs' clearly established right to be free from unreasonable seizures of property.
Appellate Information
- Decided 07/27/2006
- Published 07/27/2006
Judges
- HEANEY, Circuit Judge., Before MURPHY, HEANEY, and MELLOY, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Charles T. Traw, Iowa City, IA, for appellant.
- For Appellees:
- Scott J. Beattie, Des Moines, IA, for appellee.