Section 1983 applies only to a "person" who acts under color of state law. See 1 U.S.C. § 1 (defining the word 'person' to include "corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals" but not dogs or other animals); Dye v. Wargo, 253 F.3d 296, 299 (7th Cir. 2001) (plaintiff alleging excessive force at arrest cannot sue police dog as dog is not a proper defendant in § 1983 litigation); Price v. New Orleans Police Dep't, No. CIV.A. 09-3241, 2011 WL 1542831, at *1 n.3 (E.D. La. Mar. 18, 2011), report and recommendation adopted, No. CIV.A. 09-3241, 2011 WL 1557761 (E.D. La. Apr. 20, 2011) (dog is not a person who can be sued in § 1983 action); Banks v. Hall, 2010 WL 572879, at * 5 (D.N.H. Feb. 5, 2010); Smith v. P.O. Canine Dog Chas, No. 02 6240 KMW DF, 2004 WL 2202564, at *4 (S.D.N.Y. Sept. 28, 2004) (A police dog is not a "person" under § 1983); Fitzgerald v. McKenna, 1996 WL 715531, at *7 (S.D.N.Y. Dec. 11, 1996) (denying attempt to maintain § 1983 action against police dog because "animals lack capacity to be sued").

A dog is not a "person" for purposes of § 1983 litigation. Price v. New Orleans Police Dept., No. 09-3241, 2011 WL 1542831, *1 (E.D.La. Mar. 18, 2011); See 1. U.S.C. § 1 (defining the word 'person' to include "corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals" but not dogs or other animals); Dye v. Wargo, 253 F.3d 296, 299 (7th Cir. 2001) (plaintiff alleging excessive force at arrest cannot sue police dog as dog is not a proper defendant in § 1983 litigation); Banks v. Hall, 2010 WL 572879, at * 5 (D.N.H. Feb. 5, 2010); Smith v. P.O. Canine Dogs Chas, 2004 WL 2202564, at * 6-7 (S.D.N.Y. Sept. 28, 2005) (police dog is not a person under § 1983); Fitzgerald v. McKenna, 1996, WL 715531 at * 7 (S.D.N.Y. Dec. 11, 1996) (denying attempt to maintain § 1983 action against police dog because "animals lack capacity to be sued"). B. Statute of Limitations