NOT RECOMMENDED FOR PUBLICATION File Name: 23a0324n.06
Case No. 22-1596
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
FILED ) Jul 14, 2023 CARDELL SANDERS, JR., DEBORAH S. HUNT, Clerk ) Plaintiff-Appellant, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE EASTERN GENESEE COUNTY, MICHIGAN; PAUL ) DISTRICT OF MICHIGAN WALLACE; JAY PARKER; JOE LEE; JOHN ) DOE 1; JOHN DOE 2; SHANA MCCALLUM; ) SEAN POOLE; CHARTER TOWNSHIP OF ) OPINION FLINT, MICHIGAN; LACEY LOPEZ; DAVID S. ) LEYTON; JANET MCLAREN, ) Defendants-Appellees. ) )
Before: BATCHELDER, COLE, and NALBANDIAN, Circuit Judges.
COLE, Circuit Judge. Police were dispatched to Cardell Sanders, Jr.’s house after
receiving a call that dogs were left outdoors in extreme heat without drinking water. Upon seeing
the conditions in which the five dogs were kept, police seized Sanders’s dogs. Sanders sued
Genesee County, the Charter Township of Flint, and various individuals, alleging violations of the
Fourth, First, and Fourteenth Amendments and municipal liability under 42 U.S.C. § 1983 and
conversion under Michigan state law. Sanders appeals the district court’s grant of summary
judgment in favor of the defendants on all counts. Because the defendants are entitled to qualified
immunity and there is no genuine dispute of material fact, we affirm. Case No. 22-1596, Sanders v. Genesee County, et. al.
I. BACKGROUND
A. Facts
On a hot day in July 2020, at 3:34 p.m., Genesee County Sheriff’s Department received a
call from an individual reporting that there were three dogs left outside in the yard at 2582 Bertha
Avenue without water. The office dispatched Flint Township Officers Shana McCallum and
Shawn Poole to the scene. McCallum was already aware of this address because the Genesee
County Sheriff’s Department, Flint Township Police, and Genesee County Animal Control had
received at least ten calls regarding potential dog fighting, abuse, neglect, noise, and blight
conditions at that address.
McCallum and Poole arrived at the property at around 4:02 p.m. Poole knocked on the
front door to determine whether Sanders was home. When no one came to the door, McCallum
went into a neighbor’s yard to look into Sanders’s yard. McCallum and Poole determined that the
five dogs there had to be removed from the unsafe conditions and entered Sanders’s yard without
a warrant.
In the yard, McCallum witnessed the following: two of the five dogs were secured to a
fence on short chains and not near any shelter; there were various pots and pans throughout the
yard, filled with old and spoiled food and dirty, bug-infested water; there were piles of spoiled dog
food on the ground covered in dirt and flies; there were piles of dog feces scattered around; rusty
nails were found in the middle of the yard; and there was trash all over, such that McCallum could
smell the stench of garbage in the heat while approaching the backyard from the driveway. The
lack of water and appropriate shelter particularly concerned McCallum because at 4:15 p.m., the
temperature was 94 degrees Fahrenheit, with heat index values of up to 100 degrees Fahrenheit
that day.
-2- Case No. 22-1596, Sanders v. Genesee County, et. al.
Because the dogs appeared aggressive toward the officers, McCallum and Poole contacted
Genesee County Animal Control and requested they send someone to assist the officers. At 4:35
p.m., an hour after the initial 911 call, Officer Joe Lee from Animal Control arrived at the scene.
Lee successfully removed two of the dogs and placed them in the Animal Control car.
While Lee was transferring a third dog into the car, Sanders returned home and responded
by angrily asking the officers what they were doing and why they were trespassing on his property.
He yelled at the officers several times, announcing that “y’all aren’t taking my dogs.” When the
officers told Sanders about their concerns regarding the heat, lack of shelter, and lack of water,
Sanders said the dogs did have water by pointing to a plastic water jug on the driveway, out of the
dogs’ reach from the backyard. He also poured water into a dirty bowl next to one of the dogs.
McCallum said that at one point, Sanders approached one of the large dogs as if to unleash
the dog and set the dog loose on the officers. Sanders claims he was approaching the dog to give
him to McCallum. In response to this perceived threat, and believing that the dog would charge
at the officers, McCallum brandished her firearm. After the officers warned Sanders that the dogs
would be shot with a tranquilizer if needed, Sanders calmed down and, after the arrival of
additional backup officers, assisted in placing two of the dogs in the Animal Control vehicle.
McCallum had her weapon unholstered for about a minute and returned it to its holster when
Sanders agreed to help remove the remaining dogs.
The Director of the Genesee County Animal Control, Paul Wallace, then arrived at the
scene. He told Sanders why the dogs were removed and the various issues with the conditions in
which the dogs were kept. Sanders was told that the dogs would be kept with Animal Control until
prosecutors determined whether to bring criminal charges against Sanders. While in Animal
Control custody, all five dogs were diagnosed with heartworm, which had gone untreated for at
-3- Case No. 22-1596, Sanders v. Genesee County, et. al.
least four months. Four of the dogs were treated for the disease; the fifth dog had such a progressed
form of heartworm that Michigan State veterinarians determined euthanasia was the only treatment
for the dog.
In the meantime, Detective Jacey Lopez investigated Sanders for potential criminal
charges, and requested a warrant to bring animal cruelty charges against Sanders on July 23, 2020.
Genesee County prosecutor Janet McLaren authorized a warrant and criminal complaint against
Sanders on July 30, but it was not filed due to an alleged communications issue.
B. Procedural History
On November 10, 2020, Sanders filed suit against Genesee County; McCallum; Poole;
Wallace; Jay Parker, who replaced Wallace as Animal Control Director; Lee; and two John Does,
seeking damages on various claims.1 After Sanders initiated the lawsuit, McLaren learned that the
warrant she had authorized had never been filed. Detective Alex Minto, at Lopez’s behest, signed
and filed the complaint on November 24, and the forfeiture action on December 1. On December
31, Sanders filed an amended complaint which included the First Amendment retaliation claim
and added the Charter Township of Flint, as well as the individuals involved with the criminal
prosecution—Minto, Lopez, McLaren, and prosecutor David Leyton—as defendants.
After discovery and numerous motions, all parties submitted motions for summary
judgment. The district court granted defendants’ summary judgment motions and denied
Sanders’s summary judgment motion. Sanders timely appealed the grant of summary judgment,
but not the denial of his own motion.2
1 When referring to only a subset of the defendants, Genesee County, Wallace, and Parker are collectively the “Genesee County Defendants,” and Flint Charter Township, McCallum, and Lopez are collectively the “Flint Township Defendants.” When the generic term “defendants” is used, we are referring to all the defendants in the case. 2 There are several individuals who are not part of this appeal. The district court dismissed the case as to Leyton and McLaren. Sanders v. Genesee Cnty., No. 20-cv-13014, 2021 WL 3207060, at *5 (E.D. Mich. July 29, 2021).
-4- Case No. 22-1596, Sanders v. Genesee County, et. al.
II. ANALYSIS
We review a grant of summary judgment de novo. Zakora v. Chrisman, 44 F.4th 452, 464
(6th Cir. 2022). Summary judgment may only be granted where there is no genuine dispute of
material fact and the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P.
56(a).
A. Fifth Amendment
As a preliminary matter, Sanders challenges the district court’s ruling that he could not
introduce certain evidence in responding to the motions for summary judgment. When an
individual in a civil case invokes their Fifth Amendment privilege against self-incrimination rather
than respond to interrogatories or deposition questions, as Sanders did throughout his deposition,
the individual can be barred from “introducing other evidence on that matter” on which they
invoked their privilege. Traficant v. Comm’r, 884 F.2d 258, 265 (6th Cir. 1989). But a court can
only limit those matters “directly related to the scope of the asserted privilege.” Id.
Here, we need not wade into precisely when and how Sanders invoked his privilege or
whether the district court’s scope of preclusion was proper. Sanders does not present any specific
evidence he was barred from presenting in the saummary judgment proceedings, nor did the district
court exclude any relevant evidence. See id. (“We need not reverse any actual applications of the
Tax Court’s bar to Traficant’s conduct of his case, however, because Traficant has not shown us
any ruling that prevented him from adducing evidence that would have been otherwise
admissible.”).
Sanders has not appealed that decision. The parties voluntarily stipulated to dismiss the case as to Minto. The parties also stipulated to dismiss the case as to Poole. Therefore, Minto, Leyton, McLaren, and Poole are not parties to this appeal.
-5- Case No. 22-1596, Sanders v. Genesee County, et. al.
B. Section 1983 Claims
Sanders brings four 42 U.S.C. § 1983 claims against the defendants. “Section
1983 provides a cause of action against any person who, under color of state law, deprives an
individual of any right, privilege, or immunity secured by the Constitution and federal law.”
McKnight v. Rees, 88 F.3d 417, 419 (6th Cir. 1996). Qualified immunity acts as an affirmative
defense against Section 1983 claims if the government officials’ “conduct does not violate clearly
established statutory or constitutional rights of which a reasonable person would have known.”
Barker v. Goodrich, 649 F.3d 428, 433 (6th Cir. 2011) (quoting Harlow v. Fitzgerald, 457 U.S.
800, 818 (1982)). We analyze qualified immunity using a two-pronged inquiry: “First, a court
must decide whether the facts that a plaintiff has . . . shown make out a violation of a constitutional
right,” and second, “the court must decide whether the right at issue was ‘clearly established’ at
the time of the defendant’s alleged misconduct.” Pearson v. Callahan, 555 U.S. 223, 232 (2009).
1. Fourth Amendment Claims
Sanders brings two Fourth Amendment claims: unlawful search and seizure and
excessive force. Defendants are entitled to summary judgment on both claims.
Search and seizure—all defendants. The Fourth Amendment prohibits “unreasonable
searches and seizures[.]” U.S. Const. amend. IV. A warrantless search and seizure is “per se
unreasonable.” United States v. Roark, 36 F.3d 14, 17 (6th Cir. 1994) (citing Katz v. United States,
389 U.S. 347, 357 (1967)).
But there are exceptions to this rule. Under the plain-view doctrine, “if police are lawfully
in a position from which they view an object, if its incriminating character is immediately apparent,
and if the officers have a lawful right of access to the object, they may seize it without a warrant.”
Minnesota v. Dickerson, 508 U.S. 366, 375 (1993). And when exigent circumstances exist, such
-6- Case No. 22-1596, Sanders v. Genesee County, et. al.
that “a reasonable officer could believe that there are ‘real immediate and serious consequences’
that would certainly occur were a police officer to ‘postpone action to get a warrant,’” a warrantless
search is permissible. Barton v. Martin, 949 F.3d 938, 948 (6th Cir. 2020) (quoting Ewolski v.
City of Brunswick, 287 F.3d 492, 501 (6th Cir. 2002)). “[I]mminent and ongoing danger to the
health” of people and animals is considered a serious consequence warranting the application of
the exigent-circumstances doctrine. United Pet Supply, Inc. v. City of Chattanooga, 768 F.3d 464,
490 (6th Cir. 2014). The plain-view and exigent-circumstances doctrines intersect: exigent
circumstances may provide officers with the lawful right of access to an object in plain view. Id.
at 489–90.
Sanders argues that there were no exigent circumstances allowing for the warrantless
seizure of his dogs. But we have held that animals facing imminent danger from heat, lack of
water, lack of nutrients, and living amongst squalor such as feces, bugs, and dirty water create an
exigent circumstance allowing for the warrantless seizure of the animals. Id. at 490; see also King
v. Montgomery Cnty, 797 F. App’x 949, 952, 955 (6th Cir. 2020) (finding that “dogs liv[ing] in
squalor, sometimes without food or water, and oftentimes covered in feces,” constituted exigent
circumstances). And the conditions in which Sanders’s dogs were found certainly align with those
we have found endanger the lives of animals and indicate exigent circumstances exist.
Sanders attempts to distinguish United Pet Supply, arguing that unlike in the pet store, his
dogs were not locked in hot cages without air conditioning overnight, nor were his dogs
malnourished, dehydrated, or otherwise lethargic, as shown by their barking during the events of
the search and seizure. But this argument misses the forest for the trees. United Pet Supply did
not stand for the proposition that dogs must be malnourished or lethargic to trigger the exigent-
circumstances doctrine; rather, it stood for the proposition that the appearance that the health of
-7- Case No. 22-1596, Sanders v. Genesee County, et. al.
animals is in danger satisfies the requirements of the exigent-circumstances doctrine. It may not
have been clear to the officers that Sanders’s pets were malnourished or lethargic, but there was a
risk to their health due to the extreme outside heat, lack of access to clean water, and the general
squalor in which the dogs resided. See King, 797 F. App’x at 952. That is enough under our
caselaw.
Sanders also argues that even if there were exigent circumstances allowing for the officers
to enter his property, any such exigency ended when Sanders arrived back at his home because he
was then able to provide the dogs shelter from the heat as well as fresh food and water.
Exigent circumstances certainly do not extend indefinitely, and they “terminate when the
factors creating the exigency are negated.” Bing ex rel. Bing v. City of Whitehall, 456 F.3d 555,
565 (6th Cir. 2006). But “[i]f the dangers persist or increase, the exigent circumstances also
persist.” Carlson v. Fewins, 801 F.3d 668, 674 (6th Cir. 2015).
Sanders’s arrival did not alter the circumstances in which the dogs were found. Though he
did provide the dogs more water when he arrived, he did so by pouring it into a decrepit and dirty
bowl. McCallum testified that once Sanders arrived, she still “had no way to ensure that those
dogs would not have been subjected to extreme heat, lack of water and improper shelter at that
point,” and that the general state of the back yard—with dogs lying on feces and trash—ensured
that she “didn’t want to prolong that or have that happen again.” (McCallum Dep., R. 106-2,
PageID 1562.) Sanders has not presented any evidence to point to a genuine dispute of material
fact as to whether these conditions materially changed once he arrived, or whether it was
unreasonable for McCallum to believe that the dogs remained in danger even after Sanders’s
arrival. See King, 797 F. App’x at 955 (“Whether [McCallum] over-estimated the danger the dogs
actually faced is immaterial.” (citing United States v. Brown, 449 F.3d 741, 750 (6th Cir. 2006))).
-8- Case No. 22-1596, Sanders v. Genesee County, et. al.
Because there were exigent circumstances, the defendants’ warrantless search and seizure
of Sanders’s dogs was not unreasonable, and they are entitled to qualified immunity.
Excessive Force—Flint Township Defendants. Sanders also argues that McCallum acted
with excessive force during the seizure when she removed her gun from its holster. Lawful
seizures can become “unreasonable” within the meaning of the Fourth Amendment when the
officer utilizes excessive force. See Graham v. Connor, 490 U.S. 386, 394–97 (1989). To
determine whether an officer utilized excessive force, we look at the totality of the circumstances,
including whether the officers were investigating a serious crime at the time of the seizure, the
suspect posed a safety threat, and the suspect was resisting arrest. Gambrel v. Knox Cnty., 25 F.4th
391, 400 (6th Cir. 2022). And we examine the reasonableness of the use of force from the
perspective of a reasonable officer. Graham, 490 U.S. at 396.
Sanders concedes that animal cruelty, the crime officers were investigating, is a serious
crime. And the last factor is inapplicable here, where Sanders was not arrested. Thus, our totality-
of-the-circumstances inquiry rests most heavily on whether a reasonable officer would have feared
Sanders’s actions at the time McCallum brandished her gun.
Sanders argues that he did not order the dog to attack the officers, nor did he himself
threaten the officers. But the testimony in the case portrays a different story. Even before Sanders
arrived, the officers were worried about the aggressive nature of the dogs and waited for Animal
Control to send assistance. Sanders’s testimony aligns with the defendants’ testimony: when
Sanders arrived, “the dogs was [sic] going crazy,” growling and barking at the officers. (Sanders
Dep., R. 104-2, PageID 1436.) He invoked his Fifth Amendment privilege when he was asked
whether the dogs were jumping on their chains, but he responded “yes” when asked if the dogs
were “trying to get at the officers[.]” (Id.)
-9- Case No. 22-1596, Sanders v. Genesee County, et. al.
Regardless of whether McCallum’s pulling out her gun qualifies as a constitutional
violation, “we can begin and end our analysis with the requirement that [Sanders] identify clearly
established law.” Gambrel, 25 F.4th at 401; see Pearson, 555 U.S. at 236. Sanders cannot point
to any caselaw that says McCallum acted unconstitutionally by drawing her gun when confronted
with someone who appeared about to unleash an apparently aggressive dog. The Flint Township
Defendants are therefore entitled to qualified immunity.
2. Fourteenth Amendment Claim
Next, Sanders argues that the defendants violated his Fourteenth Amendment due process
rights by failing to provide pre- or post-deprivation hearings. The Fourteenth Amendment bars
the government from “depriv[ing] any person of life, liberty, or property, without due process of
law[.]” U.S. Const. amend. XIV. We employ a two-step inquiry when considering procedural due
process claims: “We initially determine whether a protected property or liberty interest exists and
then determine what procedures are required to protect that interest.” Crosby v. Univ. of Ky, 863
F.3d 545, 552 (6th Cir. 2017) (quoting Johnston-Taylor v. Gannon, 907 F.2d 1577, 1581 (6th Cir.
1990)). Since Sanders has a property interest in his dogs, we proceed to the second step. See
O’Neill v. Louisville/Jefferson Cnty. Metro Gov’t, 662 F.3d 723, 733 (6th Cir. 2011). At the second
step, we apply the three-part balancing test set out in Mathews v. Eldridge, 424 U.S. 319, 335
(1976).
While typically due process within the meaning of the Fourteenth Amendment requires a
hearing prior to the deprivation of property, “the failure to provide a pre-deprivation hearing does
not violate due process in situations where a government official reasonably believed that
immediate action was necessary to eliminate an emergency situation and the government provided
adequate post-deprivation process.” United Pet Supply, 768 F.3d at 485–86. We face the exact
- 10 - Case No. 22-1596, Sanders v. Genesee County, et. al.
same due process considerations here as we did in United Pet Supply: the same exigent
circumstances, and the accompanying fear for the safety of the animals, that excused the officers’
warrantless seizure of the dogs resulted in an emergency situation wherein it was reasonable for
the officers to seize the animals without first providing the animal owners with a pre-deprivation
hearing. Id. at 486–87. Defendants therefore did not violate Sanders’s procedural due process
rights by failing to provide him with a pre-deprivation hearing.
But Sanders argues that the government also did not provide adequate post-deprivation
process. “Any constitutional violation ‘is not complete unless and until the State fails to provide
due process.’” Hardrick v. City of Detroit, 876 F.3d 238, 247 (6th Cir. 2017) (quoting Zinermon
v. Burch, 494 U.S. 113, 126 (1990). To succeed on this claim, Sanders “need[s] to show that
Michigan offers no statutory or common law remedy.” Id. (citing Hudson v. Palmer, 468 U.S.
517, 534–36 (1984)). In Hardrick, we found that Michigan tort law provided a remedy because it
allows for recovery for harm to animals and municipal officers are not immune for acts committed
with gross negligence. Id.
The district court held that Michigan did offer Sanders a remedy under Michigan Court
Rule 3.105, which provides procedures for a “Claim and Delivery” action in state court to recover
“goods or chattels,” such as dogs, “which have been unlawfully taken or unlawfully detained[.]”
Sanders argues that this is not an adequate remedy, because in a claim and delivery action he
cannot invoke his Fifth Amendment right against self-incrimination, and his testimony from the
claim and delivery action can be introduced into the record in a criminal case. But while a claim
and delivery action might not be the ideal post-deprivation process, the existence of post-
deprivation process to recover his dogs is sufficient to meet the Fourteenth Amendment’s
procedural due process guarantees because it shows there is an adequate statutory remedy
- 11 - Case No. 22-1596, Sanders v. Genesee County, et. al.
available. See Hardrick, 876 F.3d at 247. Defendants are therefore entitled to qualified immunity
on the Fourteenth Amendment claim.
3. First Amendment Claim
Sanders also claims that the Flint Township Defendants violated his First Amendment
rights when they initiated a criminal case for animal cruelty against him in retaliation for the filing
of the instant lawsuit. Under the First Amendment, government officials may not subject an
individual, like Sanders, to retaliatory actions when the individual engages in protected speech.
Hartman v. Moore, 547 U.S. 250, 256 (2006). To establish a retaliation claim, Sanders must show
that (1) he was engaged in a constitutionally protected activity; (2) that the adverse action, here,
the criminal complaint, “caused [Sanders] to suffer an injury that would likely chill a person of
ordinary firmness from continuing to engage in that activity; and (3) that the adverse action was
motivated at least in part as a response to the exercise of [his] constitutional rights.” Paige v.
Coyner, 614 F.3d 273, 277 (6th Cir. 2010) (quoting Bloch v. Ribar, 156 F.3d 673, 678 (6th Cir.
1998)). The temporal proximity between the protected conduct and the adverse action can provide
circumstantial evidence of retaliatory motive. Hill v. Lappin, 630 F.3d 468, 475–76 (6th Cir.
2010). But we have not found that temporal proximity alone can establish retaliatory motive. Id.at
476.
First Amendment retaliation claims are analyzed under a burden-shifting framework.
Thaddeus-X v. Blatter, 175 F.3d 378, 399 (6th Cir. 1999) (en banc) (per curiam). Once the plaintiff
establishes their prima facie case, the burden shifts to the defendant, and “[i]f the defendant can
show that he would have taken the same action in the absence of the protected activity, he is
entitled to prevail on summary judgment.” Id.; see also Wenk v. O’Reilly, 783 F.3d 585, 593–94
(6th Cir. 2015).
- 12 - Case No. 22-1596, Sanders v. Genesee County, et. al.
The district court found that there was no retaliatory action because the defendants
presented sufficient evidence to show that they had been exploring criminal charges against
Sanders nearly three months prior to the filing of the instant lawsuit. Sanders disagrees, arguing
that the district court ignored the reality that there are differences between exploring criminal
charges and initiating them, and that defendants’ arguments as to why there was a delay between
the authorization of the warrant and the filing of the warrant are unpersuasive.
But Sanders does not cite any caselaw for the distinction between exploring and filing
criminal charges, nor does he provide any evidence that casts doubt on defendants’ explanations.
Lopez testified that she never intended to drop the case against Sanders once she sought the warrant
in July, and that she had never received the authorization materials from McLaren. McLaren
likewise testified that she initially signed off on charging Sanders months before the criminal
complaint against him was filed.
The Flint Township Defendants have therefore shown that they would have taken the same
action in the absence of the protected activity, defeating Sanders’s retaliation claim. See Wenk,
783 F.3d at 593–94.
4. Municipal Liability
Sanders’s fourth and final Section 1983 claim states that the township and county are liable
for the actions of their officials. Sanders can establish Monell liability by pointing to “(1) the
municipality’s legislative enactments or official agency policies; (2) actions taken by officials with
final decision-making authority; (3) a policy of inadequate training or supervision; or (4) a custom
of tolerance or acquiescence of federal rights violations.” Thomas v. City of Chattanooga, 398
F.3d 426, 429 (6th Cir. 2005) (citing Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978)).
Sanders contends that Flint Township is liable under the third and fourth methods. But he is unable
- 13 - Case No. 22-1596, Sanders v. Genesee County, et. al.
to show any violation of a claimed federal right because there were exigent circumstances allowing
for the warrantless seizure of his dogs. Defendants are therefore entitled to summary judgment.
C. State Law Conversion Claim
Last, Sanders brought a state law conversion claim against the defendants. “[C]onversion
is any distinct act of dominion wrongfully exerted over another’s personal property in denial of or
inconsistent with his rights therein.” Aroma Wines & Equip., Inc. v. Columbian Distrib. Servs.,
Inc., 871 N.W.2d 136, 141 (Mich. 2015) (cleaned up).
In Michigan, governmental employees are immune from tort liability if they meet three
conditions. Mich. Comp. Laws § 691.1407(2). First, the employee must be acting, or reasonably
believe they are acting, “within the scope of [their] authority.” Id. § 691.1407(2)(a). Second, the
relevant agency must be “engaged in the exercise or discharge of a governmental function.” Id.
§ 691.1407(2)(b). Third, the employee’s conduct cannot “amount to gross negligence that is the
proximate cause of the injury or damage,” where “‘gross negligence’ means conduct so reckless
as to demonstrate a substantial lack of concern for whether an injury results.” Id. § 691.1407(2)(c),
(8)(a).
Sanders concedes the first two elements but argues that the defendants were grossly
negligent because the “warrantless seizure was reckless” and the dogs were not in imminent harm.
(Appellant Br. 69.) But the officers were not grossly negligent when they seized the dogs; they
were in fact acting within the constitutional boundaries of the Fourth Amendment because exigent
circumstances excused the warrantless seizure. Defendants are therefore entitled to governmental
immunity.
III. CONCLUSION
For the foregoing reasons, we affirm.
- 14 -