Legal Opinion

Burg v. Gosselin

Court of Appeals for the Second Circuit

Decided January 7, 2010No. Docket 09-0708-cvPublishedCited by 130 opinions

1Opinion of the Court

DENNIS JACOBS, Chief Judge:

Judith A. Burg, a dog owner, appeals from a final judgment of the United States District Court for the District of Connecticut (Hall, J.), dismissing on summary judgment her Section 1983 complaint against a canine control officer. The district court held that issuance of a pre-arraignment, non-felony summons requiring a later court appearance, without further restraint, does not constitute a Fourth Amendment seizure. We agree, and affirm.

BACKGROUND

Defendant Colleen Gosselin, a canine control officer in the Connecticut town of East Hampton, received a complaint about…

2Cases cited20 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Albright v. OliverSupreme Court of the United States · 1994
  3. Wright v. GoordCourt of Appeals for the Second Circuit · 2009
  4. James Williams v. Harold J. Smith, Superintendent, and W. Morgan, C.O., Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1986
  5. Murphy v. LynnCourt of Appeals for the Second Circuit · 1997

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3Cited by130 opinions

  1. Ya-Chen Chen v. City University of New YorkCourt of Appeals for the Second Circuit · 2015
  2. Amore v. NovarroCourt of Appeals for the Second Circuit · 2010
  3. Sloley v. VanBramerCourt of Appeals for the Second Circuit · 2019
  4. Fed. Trade Comm'n v. MosesCourt of Appeals for the Second Circuit · 2019
  5. Swartz v. InsognaCourt of Appeals for the Second Circuit · 2013

125 more not listed; retrieve them via the Exa API.

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