U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Burg v. Gosselin, No. 09-0708

In a 42 U.S.C. section 1983 action against a canine control officer regarding defendant's issuance of a summons due to complaints about plaintiff's dog, summary judgment for defendant is affirmed where the issuance of a pre-arraignment, non-felony summons requiring a later court appearance, without further restraint, did not constitute a Fourth Amendment seizure.

Read Burg v. Gosselin, No. 09-0708

Appellate Information

Argued: November 10, 2009

Decided: January 7, 2010


Opinion by Judge Jacobs


For Appellant:

John R. Williams, John R. Williams and Associates, LLC, New Haven, CT

For Appellee:

David C. Yale, Noble, Spector & O'Connor, Hartford, CT