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Doggie Due Process

Doggie Due Process. The Saga of "Tut-Tut," "Bandit," "Boo Boo," and "Sadie". 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?

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Doggie Due Process

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  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?

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