Facts

Plaintiffs Hilda Mendival and son Luis owned a pit bull that was killed on Sept. 10. 2004, when police officers and their police dog entered plaintiffs' backyard while chasing a suspect. The officers fired at the three dogs, injuring two, after the animals attacked the officers. Plaintiffs sued defendants city of Hemet, Hemet Police Dept., and the police officers who entered their property, alleging they violated plaintiffs' Fourth Amendment rights.

PLAINTIFFS' CONTENTIONS:
The plaintiff contended the police officers violated their rights by entering the backyard and negligently handled the ensuing confusion. The plaintiff suffered emotional distress from the incident, having believed someone was shooting at her from outside the house.

DEFENDANTS' CONTENTIONS:
The defendants contended the officers justifiably entered plaintiff's backyard under the hot pursuit doctrine and were thus entitled to qualified immunity for their actions during the entry.

Damages

The plaintiffs sought damages for the medical and veterinary bills, emotional distress, and the value of the dog they lost.

Injuries

The plaintiffs lost one pit bull and had the other two treated for injuries. The plaintiff suffered emotional distress.

Result

Judge Otis D. Wright found for the defense. The parties stipulated that defendants would waive costs if plaintiffs waived their right to appeal.