United States Court of Appeals
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 16a0293p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ MARK BROWN; CHERYL BROWN, ┐ Plaintiffs-Appellants, │ │ > No. 16-1575 │ v. │ │ BATTLE CREEK POLICE DEPARTMENT, et al., │ Defendants, │ │ │ JEFFREY CASE; CITY OF BATTLE CREEK; CHRISTOF │ KLEIN, DAMON YOUNG, │ Defendants-Appellees. │ ┘ Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 1:15-cv-00283—Robert J. Jonker, Chief District Judge. Argued: December 1, 2016 Decided and Filed: December 19, 2016 Before: MOORE and CLAY, Circuit Judges; HOOD, District Judge.* _________________ COUNSEL ARGUED: Brian T. Keck, MORGAN & MEYERS, PLC, Dearborn, Michigan, for Appellants. Saura J. Sahu, CITY ATTORNEY’S OFFICE, Battle Creek, Michigan, for Appellees. ON BRIEF: Brian T. Keck, Courtney E. Morgan, Jr., MORGAN & MEYERS, PLC, Dearborn, Michigan, for Appellants. Saura J. Sahu, CITY ATTORNEY’S OFFICE, Battle Creek, Michigan, for Appellees. *The Honorable Joseph M. Hood, Senior District Judge of the United States District Court for the Eastern District of Kentucky, sitting by designation. 1 No. 16-1575 Brown, et al. v. Battle Creek Police Dep’t, et al. Page 2 _________________ OPINION _________________ CLAY, Circuit Judge. In this 42 U.S.C. § 1983 action, Plaintiffs Mark Brown and Cheryl Brown (collectively, “Plaintiffs”) seek to hold Officers Christof Klein, Damon Young, and Jeffrey Case (collectively, “Individual Officers” or “officers”) of the City of Battle Creek Police Department (“BCPD”) and the City of Battle Creek (“City”) (collectively, “Defendants”) liable for unlawfully seizing their property in violation of the Fourth Amendment when the officers shot and killed their two dogs while executing a search warrant.
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