Legal Question in Civil Litigation in Maryland

Fourth amendment

As an animal control officer, i was called to a domestic dispute scene by police. They questioned if an animal on the property was indeed a wolf-hybrid. I agreed that it was. I was instructed by my supervisor to impound the wolf. I am now being sued

personally in a civil case by the property owner for fourth amendment right violation. Should i get my own lawyer or let my work related county lawyer handle it along with the case against the county?


Asked on 4/25/07, 10:27 pm

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Fourth amendment

The factual question is whether the animal was indeed as you state. Also relevant is the nature of the complaint that gave rise to the investigation by animal control.

Your supervisor consented to your assessment of the breed. Although I am not aware of a specific restriction applying to "wolf-hybrids" I believe that Maryland's animal control has jurisdiction to control a "wolf."

The owners may bring suit for unlawful impound of an animal but will not prevail where the animal is a threat to public safety.

If you are disciplined for an incorrect decision or worse you should contact an attorney.

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Answered on 4/25/07, 10:46 pm
Paula McGill Attorney at Law

Re: Fourth amendment

Just an additional thought. If you are worried about the competency of the attorney or conflict of interest, you should talk with the attorney directly about your concerns. Often attorneys in these matters are experienced and often provide good representation for both the governmental entity and the employees. Also, if there is a conflict down the line, the county may pay for separate counsel for you. If you are concerned, you should inquire about the possibility of the county paying for separate counsel.

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Answered on 4/28/07, 9:34 am
Robert Sher Wagshal and Sher

Re: Fourth amendment

Since you were performing the normal duties of your job, the agency for whom you work should provide you with legal representation and be responsible for any "losses" proven by the plaintiff. I would expect that the government agency would also be a defendant in the suit since they would be a "deeper pocket" than you in terms of the ability to recover damages, and since you were acting on the instructions of your supervisor.

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Answered on 4/26/07, 10:30 am


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