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.
183314P.pdf 12/27/2019 Darryl Lunon v. Kathy Botsford
U.S. Court of Appeals Case No: 18-3314
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Loken, Author, with Colloton and Kobes, Circuit Judges]
Civil case - Civil rights. In action alleging defendants denied plaintiff
his Fourteenth Amendment right to procedural due process when they adopted
out and spayed his dog without providing pre-deprivation notice and an
opportunity to be heard, the Arkansas Supreme Court has held that
affirmative pre-deprivation notice is not constitutionally required when a
shelter holds a stray dog for more than five days and then adopts out and
spays the dog after the owner fails to file a claim; plaintiff failed to
prove that each individual defendant's conduct violated his right to
procedural due process; to the extent the district court's order denied
summary judgment to the individual defendants acting in their individual
capacities, the order is reversed; the matter is remanded with directions
to enter judgment dismissing those claims with prejudice. Judge Colloton,
concurring in the judgment.