1 / 8

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?

jana
Download Presentation

Doggie Due Process

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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?

  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? • Did the court find the dog had been seized? • Is a seizure the same as a taking?

  6. Court's Factual Analysis • What are the self-defense issues? • Should these matter? • The dissent says that this was a clear constitutional violation based on violations of federal law • Did the majority find a federal dog protection act?

  7. 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?

  8. Qualified Immunity • We will return to this later in the course when look hard at 42 USC 1983

More Related