Bad dog seizure

January 24, 2013

  • 92 Constitutional Law
  • 92XXVII Due Process
  • 92XXVII(G) Particular Issues and Applications
  • 92XXVII(G)13 Animals and Plants, Regulation of
  • 92k4311 k. Domestic Animals and Pets.

92 Constitutional Law No notice or pre-seizure hearing was required under Due Process Clause for town-authorized seizure and holding of intimidating dog by local humane society; owner had previously failed to control dog and had been cited for repeated violations of leash ordinance, dog was picked up in street thus making notice and prior hearing infeasible, and owner had opportunity to seek dog’s return under state statute, which provided for post-deprivation hearing.
Wall v. City of Brookfield, 406 F.3d 458 (7th Cir. 2005)
Suggested by Marie Erickson; Law Library of Louisiana; New Orleans, LA