“We emphasize, however, that even if the Officers had knowledge that the dogs were unlicensed, they still would not have been authorized to shoot them on the basis that they were contraband.”
—Smith v City of Detroit, 6th Circuit Court of Appeals, decision dated 10/15/18
Today’s decision by the federal appellate court reverses a decision that dismissed a civil rights claim against the city for shooting three dogs, Smoke, Debo and Mamma, while executing a warrant at Plaintiffs’ residence.
The lower court held that, because the dogs were unlicensed, they were “contraband” and therefore Plaintiffs had no property interest in them and could not sue. Attorneys for Animals joined in an Amicus Brief, filed in October 2017, seeking to overturn what we believed to be a dangerous ruling. We signed onto the brief, because of our concern “about the growing incidences of police shooting of dogs…,” and because we were “equally discouraged by the results in [the Smith case in the lower court], believing it to be a misreading of the Michigan Dog Law…and bad public policy.” You can read Prof. David Favre’s brief here.”
Read the Court’s decision.
Here’s more information on the case, and our Amicus Brief: