Fabian Sebastian v. Douglas County, Colorado Douglas County Sheriff's Office David A. Weaver, Douglas County Sheriff…

Summary

The court affirmed the denial of Sebastian’s Rule 60(b)(1) motion because his amended complaint did not allege a meritorious Fourth Amendment claim. The complaint alleged that the deputy directed the dog to chase fleeing suspects, but its assertions concerning an intentional seizure were legal conclusions rather than supporting factual allegations. The court declined to adopt the lower appellate court’s spatial analysis of canine seizures and resolved the case on the narrower pleading ground. Justice Hood, joined by Justice Marquez, dissented, reasoning that intentional deployment of a find-and-bite dog to seize someone was sufficient even if the dog attacked an unintended person.