Appeals Court Dismisses Lawsuit Against BCPD Over Dog Shooting
A federal appeals court has sided with the City of Battle Creek and the Battle Creek Police Department, by dismissing a lawsuit against them.
The City and Police had been sued by Mark and Cheryl Brown, because their two pit bulls had been shot and killed by officers while they conducted a search warrant for drugs at a Battle Creek house. The lawsuit alleged that the shooting constituted a 4th Amendment violation, saying that their deaths constituted an unlawful seizure of property.
Authorities argued that their use of force to kill the dogs was justified because the animals were allegedly barking and “lunging” at officers. Police said that when they entered the home, the animals weighing 97 and 56 pounds were obstructing their ability to safely clear the house, so they were shot. It was later determined that no humans were inside the home.
On Wednesday, The US 6th Circuit Court of Appeals upheld the decision by the US District Court in Grand Rapids to dismiss the lawsuit.