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Judge Dismisses Unconstitutional Seizure Claim

July 26, 2004

"Every dog has its day, but this is not Dexter's." These are the immortal words of United States District Judge David Larimer who dismissed a claim of unconstitutional seizure of property arising out of the temporary taking of the Plaintiff's dog, "Dexter." In the case of Skinner v. Chapman, et al. (United State District Court, Western District, Index No. 03-CV-6216), the Plaintiff claimed violation of his civil rights when his dog was taken without a warrant by a dog control officer and G&I client, Wayland Police Officer Marc Chapman. Partner, Joseph Rizzo, explained that "the unlicensed and unvaccinated dog was taken by authorities when the Plaintiff failed to confine the dog after it bit a neighborhood child." Judge Larimer held that Officer Chapman's actions were reasonable and consistent with state and local law, and further, that the temporary taking of a dog is not "meaningful interference with a property interest that deserves constituional protection." The lawsuit was dismissed in its entirety. The Plaintiff has filed an appeal from Judge Larimer's Decision to the United States Court of Appeals for the Second Circuit.

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