Sebastian v. Douglas County

Summary

The court affirmed the denial of Sebastian’s motion to set aside the dismissal of his complaint for excusable neglect. It held that, for purposes of the meritorious-claim factor, the amended complaint alleged only legal conclusions about an intentional seizure and did not plead facts showing that the seizure resulted from means intentionally applied by the deputy. The court declined to adopt the lower court’s spatial rule for determining when a police-dog deployment constitutes an intentional seizure.