2nd Circuit reverses jury verdict for police who shot family's dog to death in its own yard
A federal appeals court has reversed a jury verdict for the defense in a civil rights case over a dog fatally shot to death by Connecticut police in its owners’ yard, remanding the case back to the trial court for a determination on damages.
Despite the neighborhood’s reputation as a high-crime area, “Exigent circumstances” did not justify entry by Hartford police without a warrant into a family’s yard, based on a tip that guns might be located there, the New York-based 2nd U.S. Circuit Court of Appeals said in its Thursday ruling.
The city declined to comment about the 2nd Circuit ruling and counsel for the officers could not be reached, reports the Associated Press.
“Taken to its logical end, this argument would permit exigent circumstances anytime there is a tip about illegal guns being located somewhere in a high-crime neighborhood or city, and would allow the exception to swallow the rule,” wrote Judge Rosemary Pooler.
A 12-year-old girl in the family had been playing in the yard with the dog, a St. Bernard, at the time of the shooting. She was hospitalized and given antidepressants after the animal’s shooting, but still feels responsible for his death, according to testimony in the case.
Related articles:
ABAJournal.com: “Trial Looms in Federal Case Over Death of Family Pet Shot by Police in Front of Girl, 12”
ABAJournal.com: “Federal Jury Upholds City Police in Civil Rights Case Over Death of Family Dog In Yard of Their Home”
