Latest Case: Bey v. Falk (Civil Rights)

Man’s Best Captive

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers whether an explanation for the affection dogs express for their humans might be explained by the Stockholm Syndrome, the condition that afflicts many kidnapped people and other abuse victims in which they form an attachment, sometimes called a trauma bond, that manifests as seeking the abuser’s approval and craving closeness rather than trying to escape. Colb argues that even though pet owners might not intend abuse, the unpredictable repetition of house arrest and silent treatment, followed by intermittent returns, might amount to abuse in the minds of these animals we hold as pets.

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Bey v. Falk

Dockets: 18-1376, 18-1285

Opinion Date: December 31, 2019

Judge: Larsen

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

At 2:30 a.m., Bey and two friends went out to purchase space heaters. Bey had purchased his older minivan days earlier, so it had a temporary registration tag but no license plate. The three went to a Livonia store but came away empty-handed. They drove to a Canton Walmart, where they purchased space heaters. Undercover Livonia police Sergeant McKinley noticed the minivan. Livonia had recently experienced several retail break-ins. McKinley followed the minivan on “a hunch” that criminals often use stolen, older vehicles for retail crimes. The officers noted that the minivan’s passengers were black. McKinley observed the paper temporary registration taped to the window; he later testified that officers ran the registration through the Michigan state database but found no matching records. Another officer recalled that McKinley said over the radio that the problem was that “it was unreadable.” On the freeway, the officers thought the minivan executed an evasive driving tactic. An officer followed the men into the Walmart and watched them pay for their merchandise. At Livonia’s request, the Canton Police Department dispatched uniformed officers, who surrounded Bey’s van and ordered him out of the vehicle. Bey was carrying a concealed weapon; he properly stated that he was armed and produced a concealed weapon license. That license had expired; Bey was arrested him. The state court found the stop unconstitutional; the case was dismissed with prejudice. Bey then sued, 42 U.S.C. 1983. The Sixth Circuit: dismissed, for lack of jurisdiction, McKinley’s appeal of the denial of qualified immunity as to Bey’s equal protection claim; affirmed the denial of as to Bey’s Fourth Amendment claim; and reversed the denial of qualified immunity to the other officers.