A federal appeals court says a Harvey County sheriff’s deputy accused of entering a family’s front yard without a warrant and killing their dog must face trial in the lawsuit brought by its owners.

The 10th U.S. Circuit Court of Appeals sided Monday with Kent and Tonya Mayfield in ruling that the Halstead couple asserted sufficient facts to show a violation of their Fourth Amendment rights.  The appeals court found a district judge properly denied Deputy Jim Bethards’ request to dismiss the lawsuit against him.

Their lawsuit claims the deputy and his partner entered their property in July 2014 with the intention of killing their two dogs, firing upon both dogs and killing their Malamute Husky, Majka.

Their complaint cites a witness who said neither dog acted aggressively.