In LeMay v. Mays (No. 20-2632), the Eighth Circuit provided guidance regarding the role of videorecordings and police reports as evidence at the Rule 12 stage, holding that a police officer who shot two dogs during a residential security check was not entitled to qualified immunity. The officer argued that the court should consider certain materials, including two videos of the incident and the police report about it, at the motion-to-dismiss stage. The Eighth Circuit concluded that because the videos did not clearly and completely contradict the complaint’s allegations that the officer shot the dogs when they presented no imminent danger to him and were not acting aggressively, dismissal was premature. Because officer’s police report was submitted to show the truth of the matters the officer had asserted in it, its use at this stage was impermissible.
According to the complaint, Jennifer LeMay, Courtney Livingston (LeMay’s adult daughter), and LeMay’s two other children lived together in a house in Minneapolis with two dogs, Ciroc and Rocko. Both dogs are male American Staffordshire Terriers, approximately five years in age; Ciroc is 60 pounds and Rocko is 130 pounds. The dogs have resided with LeMay’s family since they were eight or nine weeks of age. Ciroc served as one child’s service animal, and Rocko served as Livingston’s emotional service and seizure-alert animal.