Kailin v. Village of Gurnee, No. 22-1239 (7th Cir. 2023)
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The Kailins called the Gurnee Police Department to report that their daughter had been the victim of possible criminal conduct. Officer Greer arrived at their house around 8 p.m. to follow up. Six seconds after Kailin opened the door, Greer shot the Kailins’ dog, Timber, on their neighbor’s lawn. The Kailins sued, asserting illegal seizure, 42 U.S.C. 1983 against Officer Greer, a “Monell” claim of municipal liability, and a claim for indemnification by the Village. The district court granted the defendants summary judgment. The court noted the Kailins’ assertions, “that Timber never barked nor growled at Greer” and that Timber was "simply playing” but concluded that the video from the body-worn camera controlled and eliminated any dispute of fact.
The Seventh Circuit reversed. The question of what Timber was doing and how she was behaving is key to determining the reasonableness of Greer’s actions and therefore to liability on all claims. This is not the rare case where the video definitively demonstrates what occurred. There is no audio to reveal whether Timber was growling or barking as Greer alleged. The entire video lasts only six seconds; it is disputable whether the dog can be seen at any time in the video until she has been shot.
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