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RAY v. ROANE

No. 18-2120.

948 F.3d 222 (2020)

Tina RAY, Plaintiff-Appellant, v. Michael ROANE, in his individual capacity, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 22, 2020.

Attorney(s) appearing for the Case

Dallas S. LePierre , Mario Bernard Williams , NDH LLC, Atlanta, GA, for Plaintiff-Appellant.

Carlene Booth Johnson , Perry Law Firm, PC, Dillwyn, VA, for Defendant-Appellee.

ARGUED: Dallas S. LePierre , NEXUS DERECHOS HUMANOS ATTORNEYS, INC., Atlanta, Georgia, for Appellant. Carlene Booth Johnson , PERRY LAW FIRM, PC, Dillwyn, Virginia, for Appellee. ON BRIEF: Mario B. Williams , NEXUS DERECHOS HUMANOS ATTORNEYS, INC., Atlanta, Georgia, for Appellant.

Reversed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Keenan and Judge Richardson joined.

Appellant Tina Ray appeals the dismissal of her claim brought under 42 U.S.C. § 1983, in which she alleged that her Fourth Amendment rights were violated when Officer Michael Roane shot and killed her dog, Jax. According to the complaint, Roane shot Jax when it was in Ray's yard, tethered, and incapable of reaching or...

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