James Fuller, Sr. James Fuller, Jr. v. Officer Vines

James Fuller, Sr., James Fuller, Jr., and others in the Fuller family (“the Fullers”) sued police officers of the City of Richmond and the City of Richmond under 42 U.S.C. § 1983 for the lolling of their pet dog, and James Fuller, Jr. (“James Jr.”) sued for interference with his liberty rights when a police officer pointed a loaded gun at him when he objected to the killing of the dog. The Fullers also alleged supplemental state statutory claims and common law claims.

The Fullers’ initial complaint alleged only the constitutional violations of: (1) substantive due process and (2) procedural due process. Based on the Fullers’ initial complaint, the defendants moved for summary judgment. In opposition, the Fullers filed a motion for leave to amend their complaint to allege a violation of the Fourth Amendment, contending first that the shooting of the dog was a seizure of the Fullers’ property, and second that the action of the officers constituted a seizure of the person of James Jr. The district court granted the defendants’ motion for summary judgment and, in doing so, denied the Fullers’ motion to amend the complaint. The district court also dismissed the state law claims. We…