O’Neill v. Louisville/Jefferson County Metro Gov’t

Plaintiffs bred their dogs to each other and advertised 11 puppies for sale. Undercover animal services officers visited on the pretense of interest in the puppies. Without a warrant or consent, officers re-entered the home and took all the dogs, stating that they could confiscate the dogs because plaintiffs did not have a breeder's license and that if more than one dog were unlicensed, they could seize all the animals. Neither adult dog was licensed. Before the dogs were released, the adult dogs were neutered, all had identification microchips inserted, and plaintiffs purchased a breeder's license and paid $1,020.95. Plaintiffs were never provided written notice of alleged ordinance violations. The dogs contracted infections that required expensive veterinary treatment. The district court rejected plaintiffs' state law and constitutional claims. The Sixth Circuit reversed. Plaintiffs were not operating a kennel and were not required to obtain a license for a single litter. The court rejected an argument that the officers violated the Fourth Amendment by using subterfuge, but found that plaintiffs stated a claim with respect to the second, warrantless entry. Characterizing the release of the dogs as having elements of a shakedown, the court found that plaintiffs stated a claim for procedural due process claims. The court rejected substantive due process and equal protection claims.