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re: Michigan court rules okay for police to kill your dog
Posted on 12/25/16 at 10:41 am to Zach
Posted on 12/25/16 at 10:41 am to Zach
Is your son on his agency's tac team serving high risk warrants?
There is a link in the story to the actual court ruling. Page 15 3rd paragraph down. ;-)
ETA from the opinion:
At the hearing, the district court held that, even if it did take the facts in the light most
favorable to Plaintiffs, the unrebutted fact that Officer Klein said the large brown pit bull lunged
at him before he shot her would still establish that his actions were reasonable. (R. 72 at 24, 45.)
A jury could reasonably conclude that a 97-pound pit bull, barking and lunging at the officers as
they breached the entryway, posed a threat to the officers’ safety and it was necessary to shoot
the dog in order for them to safely sweep the residence and insure that there were no other gang
members in the residence and that evidence was not being destroyed.
For what it is worth, I agree with your son. Most dogs I have dealt with in everyday interactions are very agreeable. The circumstances are the key issue. This case was decided by summary judgment which means the plaintiff submitted no evidence that a jury could find to show that the officers acted unreasonably.
There is a link in the story to the actual court ruling. Page 15 3rd paragraph down. ;-)
ETA from the opinion:
At the hearing, the district court held that, even if it did take the facts in the light most
favorable to Plaintiffs, the unrebutted fact that Officer Klein said the large brown pit bull lunged
at him before he shot her would still establish that his actions were reasonable. (R. 72 at 24, 45.)
A jury could reasonably conclude that a 97-pound pit bull, barking and lunging at the officers as
they breached the entryway, posed a threat to the officers’ safety and it was necessary to shoot
the dog in order for them to safely sweep the residence and insure that there were no other gang
members in the residence and that evidence was not being destroyed.
For what it is worth, I agree with your son. Most dogs I have dealt with in everyday interactions are very agreeable. The circumstances are the key issue. This case was decided by summary judgment which means the plaintiff submitted no evidence that a jury could find to show that the officers acted unreasonably.
This post was edited on 12/25/16 at 8:32 pm
Posted on 12/25/16 at 11:09 am to Five0
quote:
Is your son on his agency's tac team serving high risk warrants?
He works narcotics. It's pretty dangerous.
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