Posted on 12/21/2014 12:58:37 PM PST by Slings and Arrows
A Maryland Appeals Court judge handed down a verdict awarding emotional damages payment be given to a family that had their dog shot and killed by one of its deputies. The original verdict did state that the officers did intend to cause harm, and based on that the family was allowed to collect $200,000.
The decision is a shift in legal precedent. Usually, pets are considered by the court to be “property” and only worth their “fair market value.”
The 42-page court opinion decreased the original amount the family had sought by $400,000. The findings that involved the officers in question trespassing into the family’s home.
Deputy First Class Timothy Brooks and Deputy First Class Nathan Rector were the ones requesting the appeal. In April of 2012, a jury found that Brooks had violated the rights of Roger and Sandi Jenkins. Brooks shot their dog Brandi, a chocolate Lab, while searching for the couple’s son, who was wanted on a civil matter.
It was also decided that both deputies had violated the Jenkins’ rights by entering their home without permission. The deputies entered their home after they had left to take Brandi to a vet in an attempt to save her life.
The first verdict gave $620,000 to the family, which had been adjusted down to $607,500 due to a cap placed on how much can be charged for vet bills. One cannot bill for more than $7,500.
After the appeals process, the total dollar amount awarded to the Jenkins was $400,000. Even though there’s been a reduction in the amount given, the decision has opened up possibilities of collecting damages for killed pets in the future, which was not the norm before.
Evidently, more than one court disagrees with you that shooting this dog was somehow within the scope of their authority while serving a civil warrant. This is good news and getting some of these trigger happy jerks of the force will be a great benefit to all of the good cops out there.
This will get dragged out for years and they’ll never see a penny. Who’s footing the bill for the cops? I’m guessing the taxpayers. Unless it’s the cops themselves, they’ll never learn a lesson.
True. If cops are professionals, then they should carry their own liability, or at least be personally liable along with their employing entity.
According to the dictionary a spouse is, or should be, a pet under a surprising number of the definitions… From Dictionary.com:
pet
nounadjective
- any domesticated or tamed animal that is kept as a companion and cared for affectionately.
- a person especially cherished or indulged; favorite: He was the teacher's pet.
- a thing particularly cherished.
verb (used with object), petted, petting.
- kept or treated as a pet: a pet lamb.
- especially cherished or indulged, as a child or other person.
- favorite; most preferred: a pet theory.
- showing fondness or affection: to address someone with pet words.
verb (used without object), petted, petting.
- to fondle or caress: to pet a dog.
- to treat as a pet; indulge.
- Informal. to engage in kissing, caressing, and other sexual activity with one’s partner, but not sexual intercourse.
Did you read the article? It already was on appeal. The appellate court upheld the reward but reduced it to $200,000. Who is going to overturn it after that, the Maryland Supreme Court?
Well then, behold:
Reasonable mistake of law can generate reasonable suspicion, Supreme Court holds
Puppy love is the beginning of a dog’s life...
Just amazing. Are there really that many people in the world who can't tell the difference between an aggressive dog and one that is just being friendly?
The state supreme court might be the next route of appeal, but this case is borderline to even being “federalized” because of the immense stakes involved.
Literally every police agency in the state, but also animal control agencies, animal shelters, breeding kennels, maybe even the state fish and wildlife agency will have a hand in this on one side or the other.
Yeah sure. Believe it or not, most people don't like seeing innocent dogs shot to death because a small subset of police officers don't know how to handle themselves around family pets.
Brandi is ALIVE, albeit, 3 legged, now.
So do the police, the cop or the policeman’s union pay or do the taxpayers get the bill?
Beats dead. Poor baby.
They may know, and not care.
Three guesses, and the first two don’t count.
Yes it does and thankfully, this will help put the fear of God into the rest of MD cops.
Good news for my pups, too.
It looks like they were serving a failure to appear for a low level drug arrest.
Ok, here I go. If a pet is a family member being in the house, does a father have the right to sue a mother for abortion?
Sadly the Fourth Amendment erodes more and more, along with our other rights.
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