Farmer v. Las Vegas Metro. Police Dep’t, 423 F.Supp.3d 1008 (9th Cir. 2019)
Jan 01, 2019OUTCOME:
Las Vegas, NV
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OUTCOME: The Court affirmed summary judgment on the plaintiffs’ Fourteenth Amendment due process claim finding that the officers’ actions did not shock the conscience.
The Ninth Circuit Court of Appeals decided that even though a father of a decedent son was not properly named as a party in a civil rights lawsuit, the father should be given a chance to correct the mi ... stake. The father did not have the right to vicariously assert rights belonging to his decedent son. But, the court allowed the father to gain standing under the Federal Rules of Civil Procedure, Rule 17 by substituting the father as the administrator of the son’s estate.
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OUTCOME: The Federal District Court ruled that Fourth Amendment protections afforded to individuals do not extend to a dog.
In this case involving a police sergeant’s shooting of a dog during an emergency situation, the Federal District Court ruled that Fourth Amendment protections afforded to individuals do not extend to a ... dog. Rather, the court explained that a dog is considered property and is analyzed as a seizure of property under the Fourth Amendment. The court concluded that the police sergeant was justified in his warrantless entry into a backyard after hearing gunshots and the sound of what he perceived to be a distressed individual. The sergeant’s shooting of the resident’s attacking dog was also justified because the sergeant was only ensuring that no one was in immediate danger, and the dog was a serious threat of injury.
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