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164162P.pdf   09/18/2017  Morgan Hansen  v.  Thomas Black
   U.S. Court of Appeals Case No:  16-4162
   U.S. District Court for the Western District of Missouri - St. Joseph   
[PUBLISHED] [Loken, Author, with Wollman, Circuit Judge, and Nelson, District Judge] Civil case - Civil rights. In action alleging defendant, a Missouri State Trooper, unreasonably seized plaintiff's dog in violation of the Fourth Amendment when he shot and killed the dog after it strayed from a yard, the district court erred in denying the trooper's motion for summary judgment based on qualified immunity; the question in the case is not whether the trooper committed an unconstitutional seizure, as the trooper unquestionably had a public duty to seize a large, unleashed dog running unrestrained on a busy, high-speed interstate highway; the question is the amount of force employed and whether it was excessive; under the circumstances, the force employed was objectively reasonable; even if a constitutional violation is assumed, the trooper's conduct did not violate a clearly established Fourth Amendment right.