Bilida v. McCleod
United States Court of Appeals for the First Circuit
211 F.3d 166, 41 F.Supp. 2d 142 (2000)
- Written by Eric Cervone, LLM
Facts
In 1988, Claire Bilida (plaintiff) rescued an orphaned raccoon and raised it as a pet for several years. In 1995, a local police officer responded to a security alarm signal at Bilida’s house and noticed the raccoon. State law required a permit to possess a raccoon. Upon finding that Bilida did not have a permit for her racoon, officers from the Department of Environmental Management (department) (defendant) seized the raccoon. The raccoon was later killed in order to be tested for rabies. Bilida filed a complaint, naming the director of the department, Andrew McCleod, as a defendant. Bilida claimed that the seizure of the raccoon violated her due-process rights. Bilida argued that she had a sufficient interest in the raccoon and was entitled to due process before the department’s seizure and killing of the raccoon. The trial court found that Bilida had no property right in the raccoon. Bilida appealed.
Rule of Law
Issue
Holding and Reasoning (Boudin, J.)
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