11/7/2023 0 Comments Serenity springs wildlife§ 1983, asserting the entry was an illegal search under the Fourth Amendment. But at the time the inspectors entered the facility, the cubs were at a veterinarian's office receiving treatment, just as Big Cats had promised the APHIS inspectors the previous day.īig Cats and its directors sued the APHIS inspectors for the unauthorized entry pursuant to Bivens v. Three APHIS inspectors accompanied by El Paso County sheriff's deputies broke into the Big Cats facility without its permission to perform an unannounced inspection of two tiger cubs. The facility is regulated by the United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS), established pursuant to the Animal Welfare Act. Therefore, the Court of Appeals affirmed the district court's order denying the government's motion to dismiss the Bivens claim and reversed the trial court's order denying the government's motion to dismiss the § 1983 claim.īig Cats of Serenity Springs is a Colorado-based non-profit that provides housing, food, and veterinary care for exotic animals. Also, the Court reasoned that when the agents cut the locks to conduct a non-emergency inspection without a warrant, the federal officials did not act under color of state law, and the district court erred in denying the government's motion to dismiss the § 1983 claim. The Court of Appeals reasoned that Big Cats' complaint stated a claim for relief under Bivens because No APHIS inspector would reasonably have believed unauthorized forcible entry of the Big Cats facility was permissible. The Court of Appeals, held that: (1) Big Cats could assert a Bivens claim (2) Big Cats adequately alleged that the inspectors violated their Fourth Amendment right to be free from unreasonable searches and seizures and (3) Big Cats had clearly-established the constitutional right to be free of unreasonable searches or seizures, thus weighing against the inspectors' claim of qualified immunity but (4) the inspectors did not act under the color of state law, as required for § 1983 liability. The United States District Court for the District of Colorado, granted APHIS's motion to dismiss in part and denied in part. Big Cats sued the APHIS inspectors for the unauthorized entry and asserted that the entry was an illegal search under the Fourth Amendment and sought declaratory judgment and compensatory and punitive damages. But at the time the inspectors entered the facility, the cubs were at a veterinarian's office receiving treatment. Three APHIS inspectors accompanied by sheriff's deputies broke into the Big Cats facility to perform an unannounced inspection of two tiger cubs. The facility is regulated by the Defendant, United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS). Plaintiff, Big Cats of Serenity Springs is a Colorado-based non-profit that provides housing, food, and veterinary care for exotic animals.
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