Brandee Buschmann v. Kansas City Police Department, No. 22-2815 (8th Cir. 2023)
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Two dog owners sued a police officer and the Kansas City Board of Police Commissioners after the officer shot a dog during an encounter at a residence. The dog owners alleged that the officer violated their rights under the Fourth and Fourteenth Amendments by unreasonably “seizing” the dog. They also asserted that the Board’s policies and customs caused the officer to commit the alleged violation. The district court granted summary judgment for the officer and the Board.
The Eighth Circuit affirmed. The court explained that given the behavior of the dog, and the failure of the owner to control the animal at the doorway, a reasonable officer could have perceived the dog as an imminent threat. Thus, the officer’s s firing of a first shot was reasonable. The court further wrote that the circumstances in LeMay are readily distinguishable from the officer’s doorway encounter with a growling dog who suddenly rushed at him and then turned in the direction of his fellow officer.
Court Description: [Before Colloton, Wollman, and Gruender, Circuit Judges] Civil case - Civil rights. Kansas City police officers shot plaintiffs' dog, and plaintiffs brought this action for violation of their Fourth and Fourteenth Amendment rights. Given the aggressive behavior of the dog and the failure of the plaintiffs to control it, a reasonable officer could have perceived the dog as an imminent threat, and the officer who fired the shots was entitled to qualified immunity on the plaintiffs' claims.
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