Eleventh Circuit on June 6: Miami Officer Denied Immunity in Dog Shooting Case
On June 6, a Miami police officer who fatally shot a dog while investigating a crime is not entitled to qualified immunity from the dog owner's lawsuit, the Eleventh Circuit ruled. This marks the first time a federal appeals court has issued such a decision, clearing the way for a lawsuit against the Miami-Dade officer. The case involves the officer shooting a non-threatening, 40-pound American bulldog after tasing it into immobility. Despite the lack of specific Supreme Court, in-circuit, or in-state-supreme-court caselaw, it was determined that the officer should have known his actions were a violation of the Fourth Amendment.
Sources
The Nation
In a pair of back-to-back rulings, an appeals court ruled that police can be held liable for killing a dog... but not a Black man. Here, @ElieNYC deconstructs the rulings as only he can. https://t.co/PSRd1CcrJi
- The Nation
It sounds like an Onion headline—“Police can Be Held Liable for Killing a Dog But Not a Black Person”—but it’s not. It’s all too real, and all too revealing, as @ElieNYC writes in this piece about a pair of rulings by the 11th Circuit Court of Appeals. https://t.co/XHuGZaXeFk
Clark Neily This horrific case involves a cop shooting plaintiff's non-threatening, 40lb bulldog right in front of him AFTER tasing it into immobility. The officer's actions can fairly be described as psychotic, and it appears he's still roaming around with a gun and a badge. Terrifying. https://t.co/KelEEfEKDP
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