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Posts Tagged ‘Bates’

I wrote last week about the shooting death of Axel, an 18-month-old Yellow labrador, in Charles City County, Virginia.

One response to my suggestion of the possibility of civil liability for the shooter under the federal civil rights law (§ 1983) in combination with the Fourth Amendment has been for some to ask: Why has nothing been done before? And one response to that question has been that there is a “good ol’ boy” network in Charles City County that is protecting an errant animal control officer. That suggestion, in turn, raises another question about civil liability. Is it possible to hold the county or some other officials liable for the alleged Fourth Amendment violation involved in killing Axel (and possibly other animals)?

The short answer is that it is possible to hold supervisory officials and a local governmental body liable, but it is very difficult to do because the legal standard is very stringent. I’ve included below a summary of relevant law from a recent Supreme Court decision. I recognize that it can make for tough reading for one not accustomed to legalese. The important point to note is that liability under § 1983 depends on one’s own actions.

Here are some relevant questions for the legal analysis, questions that show the kind of facts that would need to be developed to support a claim of county liability: Was Axel’s shooting pursuant to official policy? Much depends on the facts, but presumably other potential defendants would try to portray the shooter as a rogue officer. Was the county deliberately indifferent to a pattern of constitutional violations? A similar question is relevant when considering the potential liability of supervisory officials: Was there continued inaction in the face of documented widespread abuses?

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