Kansas City, MO asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Arkansas

Q: What type of attorney for a case that the police shot and killed my mom's dog that was on a lead line in his own yard?

Just for clarification, the cops were called on a completely unrelated matter (property line dispute) which had nothing to do with Otis Brown (her dog). They had been on scene about 30 mins before they shot her dog. They even took/seized his dead body! My Mom did file a report but apparently it isn't "complete" yet preventing her from being able to file a lawsuit against the officer. Even was told you can't just file one against a cop w/out a investigation or something. Would this fall under police misconduct or 4th amendent right violation? Please any advice and help to get justice will be greatly appreciated.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: To pursue justice for your mom, you might want to look for an attorney experienced in civil rights law, specifically one who has handled cases involving police misconduct. The shooting of your mom’s dog, especially while it was on a lead line in its own yard, could potentially be a violation of her Fourth Amendment rights, which protect against unreasonable seizures. This incident may also raise issues related to excessive force by the police.

Since the report isn't complete, it’s important to continue following up with the authorities to ensure the investigation is properly documented. While you may have been told you can't file a lawsuit without an investigation, this isn't entirely true—consulting an attorney early can help you understand your rights and the next steps, even before the investigation is finalized.

Gathering evidence, such as witness statements, photos, or video footage, will be crucial for your case. An attorney can help you navigate the legal complexities, ensure your mom's rights are protected, and seek the justice and compensation she deserves for the loss of her dog.

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