RABIDEAU V. CITY OF RACINE 627 N.W.2d 795 (2001) CASE BRIEF

RABIDEAU V. CITY OF RACINE

627 N.W.2d 795 (2001)

NATURE OF THE CASE: Rabideau (P) appealed an affirmation of a decision granting summary judgment for Racine (D) as to P's claims to recover for the emotional distress that she suffered when she witnessed her dog being shot and killed by a city police officer.

FACTS: P and Officer Jacobi were neighbors. P was returning home and Dakota, her dog, jumped out of P's truck and crossed the street to the Jacobi house where Jed, the Jacobi's Chesapeake Bay retriever, was in the yard. The story differs dramatically. D argued that Dakota came onto the Jacobi property and attacked Jed. Officer Jacobi, it is contended, shouted at Dakota to no effect. D argues that Officer Jacobi, fearing for the safety of Jed, and for the safety of his wife and child who were nearby, fired a number of shots with his service revolver. Dakota moved toward the street and turned his head and was snarling. Officer Jacobi, believing the dog was about to charge, fired a third time and struck Dakota. P contends that Dakota was sniffing Jed, not biting or acting aggressively. She asserts that she called Dakota and was crossing the street to retrieve him when shots rang out. Both parties agree that three shots were fired. P maintains that Dakota was stepping off the curb toward her when he was hit by Officer Jacobi's second shot. P asserts that while Dakota was struggling to crawl away, Officer Jacobi fired again and missed. Two days later, Rabideau was informed that Dakota died. P collapsed and was given medical treatment. P sued D. The trial court granted summary judgment to D. The court of appeals affirmed. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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