DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.