Ray v. Roane, No. 18-2120 (4th Cir. 2020)Annotate this Case
The Fourth Circuit reversed the district court's dismissal of plaintiff's 42 U.S.C. 1983 claim, alleging that her Fourth Amendment rights were violated when an officer shot and killed her dog, Jax. The court held that the complaint plausibly stated a claim for an unconstitutional seizure of plaintiff's property for which the officer was not entitled to qualified immunity. Although the court acknowledged that there was evidence in the record on appeal that contradicted some of the allegations in the complaint, the complaint nonetheless alleged that the officer shot Jax when it was in plaintiff's yard, tethered, and incapable of reaching or harming the officer. Because the court must grant all reasonable inferences in favor of plaintiff, the court reversed and remanded for further proceedings.