Each unit contains space for a particular greyhound kennel owner or operation.

It is surrounded by a chain link fence and contains a commissary and five buildings, each consisting of four units.

The kennel compound at Geneva Lakes is located on the racetrack environs. Jeremy Michaud ('Michaud') was her licensed trainer. Diercks held an Owner and Occupational license issued by the WDOG. Pursuant to that contract, Diercks housed greyhounds in a kennel unit located in a kennel compound at Geneva Lakes. In 2002, Diercks entered into a contract with Geneva Lakes so that she could conduct her dog kennel and racing business at that track. The following facts are undisputed unless noted otherwise.ĭiercks' greyhound racing business was called J & C Butte Kennel, Inc. For the reasons that follow, the Defendants' motion is granted, Diercks' motion is denied, and this matter is dismissed in its entirety.įN1. Both parties have moved for summary judgment. Subsequently, Diercks pled no contest to one count of misdemeanor cruelty to animals and her racing license was revoked.ĭiercks alleges that the installation of surveillance cameras in her kennel unit constitutes an unreasonable search and seizure in violation of the Fourth Amendment. The surveillance cameras, in place for two months, revealed that steroids were being used. Suspecting that Diercks was using illegal performance enhancing steroids on her dogs, the Wisconsin Department of Administration-Division of Gaming ('WDOG'), in conjunction with the Wisconsin Department of Justice- Division of Criminal Investigation, Gaming Enforcement Bureau ('DCI'), installed surveillance cameras in Diercks' kennel unit at Geneva Lakes. The plaintiff, Janet Diercks ('Diercks'), owned and operated a greyhound dog kennel and racing business at the Geneva Lakes Greyhound Track ('Geneva Lakes'). The owner claimed this violated her Fourth Amendment search and seizure rights, and the court agreed however, the agency actors were not liable because the state of the law on this issue was not clear and it was reasonable for them to think they could legally install the video surveillance system. The particular steroid used was impossible to detect using urine samples, so the government agency, without a warrant, installed covert video cameras in the kennel and that way determined that the owner was injecting her dogs. An owner of a greyhound kennel was suspected of giving her dogs illegal steroids because an informant told the government agency this was happening.

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