No. 18-5365

Carmencita Bruno v. City of Schenectady, New York, et al.

Lower Court: Second Circuit
Docketed: 2018-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights companion-animal-rights companion-animals due-process emergency-aid fire-investigation fourteenth-amendment fourth-amendment property-rights search-and-seizure
Key Terms:
FourthAmendment DueProcess FirstAmendment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether firefighters and police can unreasonably withhold sustenance and emergency aid to companion dogs after a fire was extinguished, to conduct an investigation

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether Michigan v Tyler, 436 US 499, Michigan v. Clifford, 464 US 287 (1984) authorizes firefighters and police to unreasonably withhold sustenance and emergency aid to companion dogs after a brief fire was entirely extinguished, for the sake of exercising their official powers-to conduct an investigation; as grounds to interfere, and defeat a person’s possessory interest in their live property to the point of death. Does a fire investigation justify abandoning living beings in harm’s way, under the facts of this case? Can a search exceed reasonable bounds when a companion animal is abandoned to die in such emergencies? Is the presence of companion animals in private homes; or other . structures on one’s property, so immaterial/trivial? Which exigency is more eminent lifesaving emergency aid or an investigation? What is the test or order for balancing competing exigency “reasonably” when a non-human living being is present? Pra AWY o7HtR TESUE His MET DECHS wacity/ COM fete W/) “B) i ig Y

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-06
Waiver of right of respondent Village of Scotia and Village of Scotia Fire Department to respond filed.
2018-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)

Attorneys

Carmencita Bruno
Carmencita Bruno — Petitioner
Carmencita Bruno — Petitioner
Village of Scotia and Village of Scotia Fire Department
Jonathan M. BernsteinGoldberg Segalla, LLP, Respondent
Jonathan M. BernsteinGoldberg Segalla, LLP, Respondent