Seventh Circuit Judge Richard Posner, never one to be timid, has told litigants to keep their doggone cases out of Federal Courts. Ruling that the plaintiff was "barking up the wrong tree," the 7th Circuit has issued an order to show cause why the Court should not "put the bite" on the plaintiff for bringing a frivolous federal lawsuit.
In the case of Sherry Wall v. City of Brookfield, Ms. Wall claimed here civil rights were violated when the City took possession of her Doberman and wouldn't give it back. Instead, the City gave "custody" of the dog to the local humane society, which cared for the dog for 60 days until it was returned to Ms. Wall.
But there was more to the story. In a "biting" opinion, Judge Posner pointed out that Ms. Wall's dog was picked up while running loose -- something which had occurred on NINE (!) other occasions. Unpersuaded by aesthetic appeal of Dobermans and lawyers ("What's black and brown, and looks good on a lawyer? A Doberman), Judge Posner then "un-leashed" his wrath on Ms. Wall.
"It is impossible to discern a federal interest. There is no suggestion that the plaintiff belongs to a discriminated-against minority . . .that Brookfield intended to sell the Doberman in order to retire the town debt, (or) that leash laws challenge values embedded in the federal Constitution or federal laws . . . This is a neighborhood squabble over a dog, a squabble properly to be resolved at the neighborhood or local level rather than by federal judges sitting in Milwaukee and Chicago."
Heed the warning! Make sure you "bone up" on the law before you take your puppy case to federal court.
Thanks to Indianapolis lawyer Ronald Waicukauski for letting me know about this decision.
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