LOUISA THURSTON v. CITY OF NORTH LAS VEGAS POLICE DEPARTMENT, 552 F. App'x 640

Thurston appeals the district court’s grant of summary judgment dismissing her § 1983 suit against the City, police department, and officers for the unlawful seizure of her two pet dogs during a high-risk search warrant execution.
Thurston alleged the SWAT team shot and killed the dogs in violation of the Fourth and Fourteenth Amendments.
The district court held the officers’ conduct reasonable and granted summary judgment on qualified immunity, foreclosing Monell liability.
This court reviews de novo a district court’s qualified-immunity summary judgment decision and must assess both constitutional violation and whether the right was clearly established.
The panel finds genuine issues of material fact precluding summary judgment, and reverses and remands for trial.
Dissent argues Thurston failed to show the officers knew or should have known the dogs could enter the home and be harmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether shooting the dogs was a reasonable seizure under the Fourth Amendment	Thurston asserts unreasonable destruction of property during entry.	Officers acted to protect themselves during a high-risk entry.	Genuine issues of material fact exist; not clearly reasonable as a matter of law.
Whether Thurston’s Fourth Amendment rights were clearly established at the time of the shooting	Right to subdue dogs other than by killing was established by prior precedent.	No clearly established rule foreclosed the officers’ actions given the situation.	Right was clearly established; qualified immunity denied.
Whether Monell municipal liability could lie despite lack of formal policy evidence	City policy or practice caused the constitutional violation.	No evidence of formal policy; Monell not supported.	Monell claim dismissed; no municipal liability.

San Jose Charter of Hells Angels Motorcycle Club v. City of San Jose, 402 F.3d 962 (9th Cir. 2005) (re iteration: reasonableness of use of deadly force against dogs during entry vacancy)
Hells Angels, 402 F.3d 962 (9th Cir. 2005) (establishes duty to consider nonlethal means to subdue dogs during entry)
Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (clearly established rights inquiry in qualified immunity)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard: must view evidence in light most favorable to nonmovant)
Gillette v. Delmore, 979 F.2d 1342 (9th Cir. 1992) (no municipal liability absent policy or widespread practice)
Skoog v. Cnty. of Clackamas, 469 F.3d 1221 (9th Cir. 2006) (standard for qualified immunity and constitutional violation analysis)