Doggie Due Process

1
Doggie Due Process

• The Saga of "Tut-Tut," "Bandit," "Boo Boo," and
  "Sadie"

2
Altman v. City of High Point, N.C., 330 F.3d 194
(4th Cir.(N.C.) 2003)

• What is a dog "at large"
• What happened to plaintiff's dog?
• Where was this done?
• Why was this done?
• What due process was provided?
• How did plaintiff characterize the act in legal
  terms?

3
Plaintiff's Legal Claims

• Plaintiff claims under 42 USC 1983
• Violation of a person's civil rights under the
  color of law
• Whose rights are violated?
• What is the constitutional claim, i.e., what part
  of the constitution has been violated?
• What is a state actor, i.e., someone who acts
  under color of state law?

4
The Characterization of a Dog

• What is the legal classification issue that
  plaintiff must address to state a 42 USC 1983
  claim?
• Does the Constitution mention dogs?
• What class of animal does a dog fall into?
• Is it an animal ferae naturae?
• Is it the same as a cow?
• Why?
• What type of property does the court hold the dog
  to be?

5
Deprivation of Property

• Must the government pay compensation if it takes
  this sort of property?
• Is this a taking?
• How does the government characterize killing the
  dogs?

6
Is this a 4th Amendment Seizure?

• "A Fourth Amendment" seizure" of personal
  property occurs when" there is some meaningful
  interference with an individual's possessory
  interests in that property.""
• Were these dogs seized?
• Is a seizure the same as a taking?

7
Is this a Reasonable Seizure?

• What searches does the 4th amendment bar?
• What do you have to do to make a criminal search
  proper under the 4th amendment?
• An administrative search?
• Are exceptions for exigent circumstances?
• What facts support the officer's claim that this
  is a reasonable search?

8
Qualified Immunity

• Since the majority found that this was a
  reasonable search, it did not need to reach
  qualified immunity.
• What is qualified immunity?
• What is the standard for qualified immunity?
• What does Robles v. Prince George's County,
  Maryland, 302 F.3d 262 (4th Cir. 2002) tell us?
• Where did the court in Robles say to look for the
  remedy?
• Why might this case had a different result 50
  years ago?

9
Add the Adlaw Context

• What is the Mathews analysis for this case?
• What is justification for the summary action?
• How is the dog like the bad chicken in North
  American?