A New Orleans police officer who shot and killed a 22-pound puppy that couldn’t even bark yet was cleared of all wrongdoing, despite a jury finding he violated the Constitution and acted unreasonably—welcome to the upside-down world of qualified immunity.
At a Glance
- NOPD Officer Derrick Burmaster fatally shot an 18-week-old, 22-pound puppy named Apollo during a noise complaint response in 2021.
- A jury found Burmaster violated the dog owners’ constitutional rights, but he faced no punishment due to the legal doctrine of qualified immunity.
- The City of New Orleans was ordered to pay $10,400 in damages for failing to train and supervise the officer properly.
- This was Burmaster’s second dog-shooting incident among his 30 documented use-of-force incidents since 2011.
- The case has renewed calls for the reform of qualified immunity, which shields government officials from liability.
Another Day, Another Innocent Puppy Shot by Police
Just when you think you’ve heard it all, the “finest” of New Orleans give us another reason to question what’s happening in police departments across America. Responding to a simple noise complaint, Officer Derrick Burmaster decided the appropriate response to a 22-pound Catahoula puppy named Apollo was to draw his service weapon and fire.
This case is particularly blood-boiling because a jury did the right thing. They found Officer Burmaster acted unreasonably and violated the constitutional rights of Apollo’s owners. The city was held liable for failing to properly train or supervise him. Case closed, right? Not in today’s America.
Qualified Immunity: The “Get-Out-of-Accountability-Free” Card
Despite the jury’s verdict and the NOPD’s Use of Force Review Board finding the shooting unjustified, the officer faced zero personal consequences. Why? The legal doctrine called qualified immunity—a shield that protects government officials from personal liability unless they violate “clearly established law.” Apparently, the right not to have your puppy needlessly executed by police isn’t “clearly established” enough for the courts.
“How could you shoot a puppy? This is the love of our lives,” said owner Julia Barecki-Brown, in a statement covered by the Insurance Journal. This is the same officer who has racked up 30 documented use-of-force incidents since 2011.
The City’s Shameless Defense
The City of New Orleans, in what can only be described as bureaucratic gaslighting, claimed their decision to clear Burmaster wasn’t influenced by the lawsuit. In a statement reported by SAN.com, the city said, “Before the filing of the lawsuit, the NOPD had not reached a final decision regarding disciplinary action.” Translation: “We hadn’t decided to do anything before they sued us.”
The Bigger Picture: Reform Is Needed Now
The Brown family’s attorney, William Most, perfectly summarized the situation: “We are so glad to have justice for Apollo. We hope this trial will change how the New Orleans Police Department trains its officers.”
But as the Associated Press detailed, real change is difficult. This isn’t just about one puppy or one officer—it’s about a system that continues to protect its own at the expense of the public. Until qualified immunity is reformed and real accountability measures are implemented, we’ll continue to see cases like Apollo’s, and citizens will continue to lose faith in those sworn to protect them.
