We are not saying that because a Michigan Federal Court ruled that Officers can kill dogs which barked or moved during a seizure of some type, that it would be the same in California……..This remains to be seen if the case is appealed in that District………
Here is an excerpt:
“Similar to Altman, the officers here confronted two large pit bulls for the first time in an unsupervised environment where they were unleashed and in an enclosed space with the officers. Given Jones’ criminal history, gang affiliations, the types of drugs he was suspected of distributing, the fact that the officers had no time to plan for the dogs, in addition to the officers’ unrebutted testimony that the dogs either lunged or were barking aggressively at the officers, the nature and size of the dogs, the fact that the dogs were unleashed and loose in a small residence, all culminate into a finding that the officers acted reasonably when they shot and killed the two dogs.
“Viewing the facts and all reasonable inferences in the light most favorable to Plaintiffs, we find that a jury would conclude that Officer Klein, Officer Young, and Officer Case acted reasonably in shooting and killing Plaintiffs’ dogs. Summary judgment was therefore appropriate.”
Whether the case will be appealed or not remains to be seen but we expect that activists nationwide will begin questioning whether this decision may impact other courts in other states. Since this was a summary judgment, it is likely that it would be appealed.