Jury finds New Orleans police officer who shot and killed puppy violated
rights but has immunity
[June 13, 2025]
By JACK BROOK
NEW ORLEANS (AP) — A jury in federal court ruled that a New Orleans
police officer who shot and killed a puppy had violated its owners'
constitutional rights but was shielded from punishment under qualified
immunity because of his government role, according to the plaintiffs'
attorney William Most.
The jury awarded $10,000 in damages for emotional distress to the
puppy's owners, to be paid by the city, Most said. An additional $400
was awarded for the rescue dog's market value.
The jury found that the city held a degree of liability tied to the
officer's actions but was not ultimately responsible for the killing of
Apollo the puppy, Most said. The jury ruled the officer violated state
laws of negligence and wrongful destruction of property. The jury also
found the owners and Burmaster’s police partner had some liability in
the dog’s death, Most added.
“We are so glad to have justice for Apollo,” Most said in a text
message. “We hope that this trial will achieve lasting change in the way
the New Orleans Police Department trains its officers to handle animals
they meet in the field.”
The city and police department did not immediately respond to a request
for comment. Derrick Burmaster, the police officer, declined to comment.
The civil lawsuit arose after the 16-week old, 22-pound (10-kilogram)
Catahoula Leopard puppy ran up to Burmaster when he and a police partner
entered the couple's yard in response to a report of a domestic
disturbance in 2021.
Burmaster, who has said he feared Apollo would bite him in the genitals,
fired three shots at the puppy with one hand while covering his crotch
with the other, court records show. Another larger adult dog had barked
and moved toward Burmaster's colleague, who stepped out of the yard
before it reached him.
Police body camera shows Apollo died in the arms of his distraught
owners, who later were diagnosed with post-traumatic stress disorder,
according to their lawyer.
“How could you shoot a puppy?” screamed Apollo's owner, Julia Barecki-Brown,
immediately after the incident, footage shows. “This is the love of our
lives.”
In footage, Burmaster repeatedly apologized but also asked why they had
let the dogs out.
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In this photo provided by owner Derek Brown, Apollo, an 16
week old, 22 pound Catahoula Leopard dog sits on March 23, 2021, in
New Orleans, in the weeks before he was shot on April 10, 2021 by
New Orleans police officer Derrick Burmaster. (Derek Brown via AP)
Multiple internal police investigations found Burmaster's actions
violated department policies. The department's Use of Force Review
Board unanimously ruled the shooting was unjustified. Police
investigators stated that Apollo did not pose a threat.
Burmaster did not consider alternative options such as kicking the
dog or using a Taser, investigators noted. In violation of
department protocol, he was not wearing body armor or equipped with
a baton. This is the second time he has fatally shot a dog, court
records show.
Apollo's owners, Barecki-Brown and her husband Derek Brown, sued
Burmaster and the City of New Orleans in 2022. In July 2023, after a
federal judge ruled that the lawsuit could move to jury trial,
department leadership cleared Burmaster of wrongdoing for his use of
force during the final step in the internal review process.
The city's Independent Police Monitor Stella Cziment criticized the
department's reversal and told The Associated Press that she
disagreed with the decision to clear Burmaster of misconduct in the
aftermath of a civil lawsuit.
“The claim that the NOPD ‘reversed’ in response to the civil lawsuit
is spurious,” the City of New Orleans said in a Wednesday statement.
“Prior to the filing of the lawsuit, the NOPD had not reached a
final decision regarding disciplinary action for Officer Burmaster.”
The city noted that Sgt. David Duplantier, a police training academy
instructor, issued a report on Oct. 12, 2021 — after the first two
internal reviews — finding that Burmaster “acted properly” because
he believed he was at risk of imminent harm.
Long-standing federal oversight of the city’s police department put
in place after a decades-long history of misconduct and culture of
impunity is in the process of winding down. Department leaders have
sought to reassure the public that they have built a system of
transparency and accountability.
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