A jury in New Orleans has ruled that a police officer’s actions were “unreasonable” when he shot and killed an 18-week-old puppy during a response to a noise complaint in 2021. While the court concluded that Officer Derrick Burmaster violated the constitutional rights of the dog’s owners, he will not face disciplinary measures due to the doctrine of “qualified immunity.”
The incident occurred on April 10, 2021, when Burmaster and his partner were called to Derek Brown and Julia Barecki-Brown’s residence. Upon their arrival, the couple let their two dogs into the yard, which prompted Burmaster’s partner to retreat. Burmaster then drew his weapon and fatally shot a 22-pound Catahoula puppy named Apollo, who, according to court documents, “had not yet developed the ability to bark.”
Brown and Barecki-Brown found Apollo bleeding on the ground and held him as he succumbed to his injuries. Their attorney, William Most, stated that the couple has since been diagnosed with post-traumatic stress disorder as a result of the incident.
In Burmaster’s defense, he claimed to have feared for his safety, believing the puppy would attack him. His attorney argued that the officer acted reasonably based on his training and the circumstances he faced. However, the New Orleans Police Department’s Use of Force Review Board disagreed, indicating that the shooting was unjustified and that Burmaster failed to de-escalate the situation.
The legal principle of qualified immunity shields law enforcement and government officials from personal liability in civil lawsuits unless they have violated a clearly established statutory or constitutional right. This doctrine has sparked debate, with critics asserting it allows for a lack of accountability in serious rights violations, while proponents argue it protects officials from unwarranted legal challenges.
In this case, the jury found the City of New Orleans liable for failing to adequately train, supervise, or discipline Officer Burmaster, awarding $10,000 in damages to the Browns, which the city must pay. The jury also determined that both the Browns and Burmaster’s partner shared some responsibility for the dog’s death.
Most expressed relief at achieving justice for Apollo, stating hopes that the trial would encourage improvements in how the New Orleans Police Department trains its officers to handle encounters with animals.
The Browns’ civil lawsuit, filed in 2022, highlighted that Burmaster had been involved in 30 documented use-of-force incidents dating back to 2011, including a previous fatal shooting of a dog in 2012. Burmaster’s attorney acknowledged the previous incident but emphasized that he was exonerated in that case.
This ruling and its implications for police practices raise pressing questions about accountability and training within law enforcement regarding interactions with animals.
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