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Published byMargrethe Hovland Modified over 5 years ago
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The Saga of "Tut-Tut," "Bandit," "Boo Boo," and "Sadie"
Doggie Due Process The Saga of "Tut-Tut," "Bandit," "Boo Boo," and "Sadie"
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Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003)
What is a dog "at large" What happened to plaintiff's dog? Where was this done? Why was this done? What due process was provided? How did plaintiff characterize the act in legal terms?
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Plaintiff's Legal Claims
Plaintiff claims under 42 USC 1983 Violation of a person's civil rights under the color of law Whose rights are violated? What is the constitutional claim, i.e., what part of the constitution has been violated?
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The Characterization of a Dog
What is the legal classification issue that plaintiff must address to state a 42 USC 1983 claim? Does the Constitution mention dogs? What class of animal does a dog fall into? Is it an animal ferae naturae? Is it the same as a cow? Why? What type of property does the court hold the dog to be?
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Deprivation of Property
Must the government pay compensation if it takes this sort of property? Is this a taking? How does the government characterize killing the dogs? Did the court find the dog had been seized? Is a seizure the same as a taking?
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Court's Factual Analysis
What are the self-defense issues? Should these matter? The dissent says that this was a clear constitutional violation based on violations of federal law Did the majority find a federal dog protection act?
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Add the Adlaw Context What is the Mathews analysis for this case?
What is justification for the summary action? How is the dog like the bad chicken in North American?
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Qualified Immunity We will return to this later in the course when look hard at 42 USC 1983
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