By Jordan Fowler, a 2017 Judge K.K. Legett Fellow at Washington Legal Foundation who will be entering her third year at Texas Tech University School of Law in the fall.
You can sue your grocer, you can sue your policeman, you can even sue your neighbor John, but can you sue neighbor John’s dog? In May, the US Court of Appeals for the Eleventh Circuit firmly answered that question: no. In Jones v. Fransen it held that a plaintiff could not sue a police dog for excessive force due to constraints in statutory language and practical problems. This holding is notable beyond its unusual facts: it demonstrates that although many plaintiffs’ attorneys creatively seek new clients, the impracticalities of suing a dog demonstrate why an attorney also cannot represent a dog—or any other animal—as a plaintiff in an animal rights lawsuit. Continue reading