Prado v. Police Dept. of East Palo Alto CA1/1
This unfortunate case arises from the efforts by Officer Clay Warford to arrest a fleeing suspect who was wanted on a no-bail felony fugitive warrant. Unfortunately, during that pursuit, Warford came upon an 85-pound pit bull in a back yard the officer entered chasing the suspect. The legal issue here is whether Officer Warford was in violation of the Fourth Amendment by pursuing the suspect as he did. The second issue arises because the officer shot the pit bull in the leg, injuring the dog. We are therefore obligated to determine whether entry into appellant’s back yard in pursuit of the suspect gives rise to qualified immunity. The trial court granted summary judgment for the respondent on each legal issue here. We affirm.
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