Carroll v. County of Monroe, No. 12-975 (2d Cir. 2013)
Annotate this CaseA jury found that plaintiff failed to prove her claim that the shooting of her family's dog by a law enforcement officer during the execution of a search warrant of her home was an unconstitutional seizure in violation of the Fourth Amendment. On appeal, plaintiff contended that defendants' failure to train its officers regarding non-lethal means to secure dogs and to formulate a plan to restrain plaintiff's dog using non-lethal means rendered the officer's shooting of her dog unconstitutional as a matter of law. The court concluded that a reasonable jury could have found that no amount of planning or training would have changed the outcome in this case. Plaintiff offered no evidence that any non-lethal means of controlling her dog would have allowed the officer to quickly escape the "fatal funnel" and effectively execute the no-knock warrant. Accordingly, the court affirmed the district court's judgment.
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