Bubba's owner, Virginia Viilo, sued the city, police Sgt. Kevin Eyre and Officer Montell Carter in 2005, claiming her constitutional rights were violated when Carter fired shots into her already-injured dog.
The city appealed the case to the 7th Circuit U.S. Court of Appeals, arguing the officer had immunity when he shot Bubba. The court denied the appeal.
According to court records, Milwaukee police have shot more than 400 dogs over the past decade or so. The trial judge has ruled those shootings will not be allowed as evidence.
The trial is expected to last up to a week.

