OUR BEST FRIENDS

whs-logo

The Sergei Foundation

shelterpet_logo

The Animal Rescue Site

B-more Dog

aldflogo

Pinups for Pitbulls

philadoptables

TFPF_Logo

Mid Atlantic Pug Rescue

Our Pack, Inc.

Maine Coonhound Rescue

Saving Shelter Pets, Inc.

mabb

LD Logo Color

Tag: judge

Judge allows sorority sister to keep the dog that helps her with panic attacks

entine-and-coryA judge has decided that a dog who helps a sorority sister get through anxiety attacks can remain in the Chi Omega house at Ohio State University — at least for now.

U.S. District Judge Algenon L. Marbley on Friday granted a preliminary injunction to prohibit the university from banning the Cavalier King Charles Spaniel, named Cory, from the house on the grounds that the dog was creating health problems for another sorority member.

The preliminary injunction will stay in effect until the case goes to trial, at a yet to be determined date, according to the Columbus Dispatch

Sorority vice president Madeleine Entine petitioned the court after being informed that Cory had to leave the house because he aggravated another sorority sister’s allergies and triggered her Crohn’s disease.

Given that, in the university’s view, both students were protected by the Americans with Disabilities Act, the university based the decision on the fact that the other student, Carly Goldman, had reserved her room in the sorority house first.

The judge, in granting the injunction, said that while Entine’s attorneys presented evidence that she had ADA protection, Goldman’s attorneys had not.

The judge said the university “did not even establish that it was Cory who aggravated the symptoms of Goldman’s disability.”

“Under clearly established law, Entine and Cory prevail,” Marbley wrote in a 21-page opinion.

Entine, a second-year undergraduate at Ohio State, has been diagnosed with depression, anxiety, obsessive-compulsive disorder and post-traumatic stress disorder. She has panic attacks that leave her gasping for air and at times immobile.

Goldman says she is allergic to the dog and that those allergies aggravate her Crohn’s disease, an inflammatory bowel ailment. Attempts to sequester the dog brought her no relief.

“This case is about a thorny and largely unmapped legal issue: how the University should reconcile the needs of two disabled students whose reasonable accommodations are (allegedly) fundamentally at odds,” Marbley wrote.

While he said he sympathized with Goldman’s condition, he wrote, “While the Court does not intend to minimize the difficulty Goldman faces by living with Crohn’s disease, allergies and asthma, she has simply not established that it is Cory’s presence that causes her harm.”

Dueling disabilities at Chi Omega

541878_521680384529713_204742216_nA dog that helps a sorority sister at Ohio State University through debilitating panic attacks is causing another sister debilitating allergy attacks.

Apparently unable to work it out between themselves, or put it to a vote among the sisters, the matter of who must exit the Chi Omega house is now in the hands of a federal judge.

Madeline Entine, a second-year undergrad, obtained a temporary restraining order Oct. 26 against the university after it decided that Cory, Entine’s assistance animal, needed to move out of the Chi Omega sorority house.

A federal judge heard arguments in the case last week and said he would decide this week whether to issue a permanent injunction against Ohio State, allowing Entine and her 8-year-old Cavalier King Charles spaniel to stay at the sorority house.

Entine sued under the federal Americans with Disabilities Act.

But, as the university sees it, that act applies to Chi Omega sister Carly Goldman, as well.

Goldman says she is allergic to the dog and that those allergies aggravate her Crohn’s disease, an inflammatory bowel ailment.

Goldman said that when she returned to the sorority house in August, her allergies flared, leading to digestive issues.

Entine says she suffers from panic attacks severe enough to restrict her breathing, cause her to hyperventilate and render her immobile.

Her dog Cory is trained to react to her condition by climbing onto her torso.

Although the dog isn’t allowed on the second floor, where Goldman stays, his hair or dander can still end up there, Goldman testified in a hearing on Entine’s request for a permanent injunction.

Cory rested in Entine’s lap while she watched Goldman’s testimony last week, the Columbus Dispatch reported.

L. Scott Lissner, the university’s ADA coordinator, said the university decided that, since both students are protected by the act, Goldman should be given priority because she signed up for her room first.

He said the university offered to move Entine and Cory to other university housing, but she declined.

Entine is a Chi Omega chapter vice president, which requires her to live in the house, she says.

U.S District Judge Algenon L. Marbley is expected to rule on Entine’s injunction request this week.

(Photo: Entine and Cory, from Madeline Entine’s Facebook page)

Judge’s aide used county credit card for $150,000 in purchases, including a tuxedo for her pug

gossA former assistant to a county judge in Arkansas has entered a guilty plea to charges she used a county credit card to charge more than $150,000, including pet insurance and a tuxedo for her pug.

Kristi Lyn Goss, 44, who left the job after the allegations came to light, was scheduled to go to trial this week. Instead she entered a guilty plea and a sentencing hearing is scheduled for Nov. 22.

Goss was arrested in October of 2016. She had been employed as a judicial administrative assistant since 2004.

The Hot Springs Sentinel Record said an affidavit filed in the case accused her of paying her personal bills and buying personal items with the credit card since 2011.

Garland County Comptroller Susan Ashmore discovered the discrepancies in May 2016 after Goss failed to pay county bills on time.

The newspaper said a legislative auditor discovered 3,722 charges made on the card between December 2011 and May 2016 and confirmed $70,523.64 in personal purchases made by Goss.

The auditor also identified $92,074.48 in additional purchases suspected to be personal in nature, based on the names of the businesses where the purchases were made. The total amount of unauthorized purchases was $162,598.

Goss apparently used the card to pay for her electric bills, cellphone bills, car payments, tickets to Arkansas Razorback games, her personal real estate taxes, pet insurance and a tuxedo for her dog.

No justice for Camboui, the PTSD dog slain on camera by two Fort Bragg soldiers

camfacebook

One of two Fort Bragg soldiers who tied a dog to a tree, shot it 10 times, and took photos and video of the killing had the animal cruelty charges against him dismissed this week.

Instead, in North Carolina’s Harnett County District Court, Jarren Heng was found guilty only of having a gun on educational property and conspiracy to commit cruelty to animals.

Heng was sentenced to between 6 and 17 months in prison, but the sentence was suspended. He will be on supervised probation for 12 months.

He also was ordered to pay a $100 fine and $450 in court costs, undergo psychiatric counseling and (as if the sentence weren’t already asinine enough) perform community service at an animal shelter.

Heng and Marinna Rollins, 23, an Army veteran, were charged in late April with tying an emotional support dog to a tree and shooting it to death.

The dog, named Camboui, served as Rollins’ PTSD dog, though he belonged to her estranged husband, Matt Dyer.

rollinsPhotos and videos of Heng and Rollins shooting the dog ended up on Facebook, showing them giggling, drinking Coca-Colas and making jokes as they executed the dog.

Rollins killed herself on May 7, after her arrest.

Rollins had joined the Army in February of 2014 and served as a multimedia illustrator before medically retiring from the Army in January of 2017. Heng had been part of a unit that serves the Army Special Operations Command.

In April, Rollins began posting on Facebook, saying she was attempting to find Camboui a new home. She told a friend that caring for him was too expensive. On April 17, she posted that she had a great last day with Camboui and that he was going to a new home.

“Sad he has to go, but he will be much happier where he is heading off to,” Rollins wrote on Facebook.

But where Camboui was actually taken was also revealed on Facebook — bizarrely enough in photos and videos taken by Heng and Rollins and posted on Facebook.

Heng and Rollins took Camboui to a wooded area. Both wore their Army camouflage pants and boots. Heng is pictured shirtless and Rollins wore a pink polka-dotted bra.

hengRollins shot Cam in the head, then fired several more shots into his body before Heng asked for a turn and handed her the camera. “Let me hit him once,” Heng said, according to court documents. They took photographs of the execution and at least three videos.

The case was investigated by the Cumberland County Sheriff’s Office, which found the videos, photos and text messages between the two discussing the shooting.

But it was later transferred to Harnett County when it was learned that the shooting took place there, on some wooded property owned by Western Harnett High School.

There, prosecutors didn’t see Heng as the primary culprit, and didn’t pursue the most serious charges against him.

In a statement after the sentencing Harnett County Assistant District Attorney Edward Page said, “The evidence in the case tended to show that Marinna Rollins, the dog’s owner who has committed suicide, was the instigator of these despicable acts. Mr. Heng was certainly an active participant, but the shots he fired were after the dog had been shot 5 times by Ms. Rollins. A jury likely would have believed that the dog was already deceased by the time Mr. Heng fired the rifle.

“Additionally complicating matters is that Ms. Rollins had apparently told Mr. Heng that the dog was going to have to be euthanized anyway due to illness, which goes to his state of mind,” Page said.

“Ms. Rollins might have been the primary target of the prosecution in these matters, but she has paid the ultimate price,” he added.

Page said a charge of discharging a firearm on educational property was dismissed because it was not clear that either defendant knew the woods where they shot the dog were within the property boundaries of the school.

Chief District Court Judge Jacqueline Lee presided over the case and came up with the provision that Heng perform community service at an animal shelter as part of his punishment — an idea that many who have followed the case see as a major mistake, judging from comments left on the Justice for Cam Facebook page.

Even members of Rollins’ family were upset with Heng’s sentencing.

“It is so unfortunate that true justice was not served, for Cam,” Rollins’ sister, Ariana Rollins told the Fayetteville Observer. “He has to pay a hundred-dollar fine, for taking a life of an innocent animal. I hope he has to live everyday knowing what he did, and how many people his actions affected.”

The newspaper quoted Rollins’ estranged husband, Matt Dyer, as saying, “I am so mad. Watching that video, how could you not think he’s going to do terrible things to humans? He’s a sick person.”

Animal rights activist Donna Lawrence, one of about eight observers at Heng’s court appearance, said, “I’m in shock. It’s ridiculous … Who would want him working in a shelter?”

Prosecutor Page insisted the sentence was a fair one.

“Mr. Heng is now a convicted felon for the rest of his life, he received about as severe a punishment as he could get … and we expect the felony conviction will end his military career,” he said. “We appreciate the public’s interest in this case, and believe the outcome in the case was just.”

(Photos from the Justice for Cam Facebook page)

Man who drowned dog is ordered to keep pup’s photo in his wallet for two years

burrowA North Carolina judge imposed a lenient but lingering sentence on a Fort Bragg soldier who intentionally drowned his 8-month-old puppy.

Cumberland County Superior Court Judge Jim Ammons handed John Burrow a sentence of 30 days in jail and 100 hours of community service, cleaning the cages at Cumberland County Animal Control.

A light sentence — but one with a twist:

Ammons also ordered Burrow to keep a photo of the eight-month-old pup in his wallet for the next two years, while serving his probation, according to WTVD.

Police said Burrow, a paratrooper, used parachute cords to tie the legs of the pup, named Riley, and looped the rope around his muzzle before throwing him into MacFadyen Pond around Thanksgiving in 2014.

The dog’s body washed ashore on Jan. 2, 2015.

Yesterday’s sentencing followed a guilty plea by Burrow.

Investigators said Burrow told them the mixed lab-shepherd pup had run away from home several times, and he and his wife could not afford the veterinarian bill after the dog was hurt during a previous escape.

rileyBurrow and his wife, Kelsey, initially claimed the dog had run away when they were questioned by police after his body was discovered.

Kelsey Burrow told Cumberland County sheriff’s investigators then that Riley had stood on a privacy fence and opened the latch on the gate.

Investigators said she put false posts on Facebook saying Riley was suffering from organ failure, and told a friend in a Facebook message that the dog died while undergoing surgery.

Kelsey Burrow has been charged as an accomplice and is still awaiting sentencing.

In court Tuesday, John Burrow, 24, apologized, the Fayetteville Observer reported.

“I’m sorry,” he said, “so very sorry, and sorry to Riley. I did love Riley. I did love that dog. I have no excuse.”

As part of the plea arrangement, Burrow agreed not to own another animal during his probation period.

(Photos: WTVD and the Fayetteville Observer)

To be or not to be — a pit bull

diggy3

Whether Diggy is to be or not to be a pit bull will be decided by a judge.

The dog whose smiling face went viral — and led local officials to label him a pit bull and order him to leave town — is going to get his day in court.

Since we last reported on the case, Diggy has been proclaimed an American bulldog by a local veterinarian, but Waterford Township officials apparently didn’t buy the vet’s pronouncement.

Diggy is a pit bull, they say, based on how he looks — and those are banned in the Michigan township, under its dangerous dog ordinance.

Because Diggy’s owner, Dan Tillery, was cited by local authorities for having a pit bull, the final disposition of the case will be left up to the court.

It’s all a tremendous waste of time — first and foremost because pit bull bans are ill-conceived and just don’t work. On top of that, pit bull isn’t a breed at all. On top of that, a judge is likely to be even worse at determining breed than animal control officials, police, shelters, rescues and even veterinarians are, which is pretty bad to begin with.

And on top of all those things, does either side really want to know?

If they did, you’d think they’d have conducted a DNA test by now.

diggy4Tillery, a musician, adopted the dog from Harper Woods-based Detroit Dog Rescue earlier this month and posted a photo of Diggy and himself that went viral and was shared by news outlets nationwide.

The media coverage led the Waterford Police Department to drop by a few days later, take a look at Diggy, proclaim him a pit bull, and tell his owner that he had three days to get the dog out of town.

The dog had been listed as an American bulldog when he was in Detroit’s city animal shelter. He was pulled from there by Detroit Dog Rescue, which, in at least one Facebook post, labeled him an American bulldog-pit bull mix. On the official adoption papers, though, Detroit Dog Rescue listed him as American bulldog.

After the police department’s ultimatum, Tillery had the dog assessed by a local veterinarian who judged him to be American bulldog — though he apparently did so without conducting a DNA test.

That wasn’t good enough for local authorities, who, though they relaxed that three days to get out of town part, are still insisting Diggy is a pit bull and must leave.

Tillery met Monday with Waterford Township officials, and posted on his Facebook page that the prosecutor was sticking to the decision to have Diggy removed from the community.

A hearing was scheduled for Aug. 11, at 2 p.m. in Waterford’s 51st District Court.

“My lawyer and I are going to do everything possible to make sure Diggy stays in his home with us, his family,” Tillery said in the post. “Thanks for all of your support, guys. I’m not a quitter.”

diggyWaterford Township Prosecutor Margaret Scott said that the township will now simply wait to allow the court to determine whether Diggy falls within the ban.

“We’re not going in and removing the dog, we’re not destroying the dog — it is a pending violation,” she told the Oakland Press.

Tillery and his dog have seen an outpouring of support from dog lovers and those opposed to Waterford’s breed-specific legislation. More than 50 supporters showed up at a Waterford Board of Trustees meeting to ask officials to remove the dangerous dog ordinance from its books.

More than 100,000 people have signed a petition asking the town to lift the ban.

Strangely, amid all the debate and national news coverage, DNA testing hasn’t been mentioned. If Tillery has pursued it, he’s staying quiet about it.

While some of the companies offering DNA tests — via blood samples or cheek swabs — skip around the pit bull question, a few of the tests do identify the breeds commonly associated with pit bulls.

certOne even offers a “pit bull exemption certificate” in cases where a dog is determined to be made up of 87 percent or more of non-pit bull breeds.

That may or not impress Waterford officials, or the judge, as such tests aren’t conclusive.

It’s still a possibility — that one side, or the other, or the judge, could pursue having the test done.

It would at least add some factual material to all the guesswork going on, at least a little foundation for the strident and unending Internet debate that is mostly — much like pit bull bans themselves — sound and fury, signifying nothing.

(Photos of Diggy by Dan Tillery)

Crufts 2016: Another choice of scandals

Just like last year, Crufts offered up a choice for discerning scandal mongers as the world’s most prestigious dog show came to a close in the UK over the weekend.

Before the dog hair had been cleared away from the NEC in Birmingham, charges of nepotism were swirling after it was revealed judge Di Arrowsmith awarded best gundog to a Gordon setter partly owned and bred by her sister, Josie Baddely.

And animal advocates and others were raising a stink about the Kennel Club judges awarding best in breed to a German shepherd who would have been a walking exemplar of the direction breeders had long been trying to take the breed in — that slinky appearance, with a sloped back and hind legs that seem to trail far behind the rest of the animal.

He would have been an exemplar of that, at least, had the dog had been able to walk.

First, because it’s a little more clear-cut, we’ll deal with the nepotism.

Arrowsmith insisted she awarded the prize on the dog’s merits.

“When I adjudicate, I do so without fear or favor,” she told the Daily Mail. “The Gordon setter was the best dog in the ring on that night. It would have been dishonest not to give the award to him.”

The Telegraph reported that criticism was running rampant on dog breeder forums on the Internet.

“Most exhibitors who adhere to decent standards of behavior don’t enter under judges who are related to them,” one said. “The decent thing to do is withdraw from the group judging,” said another. A third said: “This is yet another Crufts controversy that will only harm the competition.”

The Kennel Club, which runs the show, insisted no rules were broken.

Caroline Kisko, the secretary of the Kennel Club, insisted the winning gundog won the prize on his merits. In a statement, she said: “It is important to clarify that no rules were broken here. Any dog that is chosen as a winner is done so because of the judge’s honest opinion on the day and is judged with integrity.”

The statement goes on, at length, with trademark bluster, to defend the decision — even though that’s really not the point.

Whether it’s Miss America pageants, Nobel Prizes or dog shows, you just don’t allow people to serve as judges in competitions in which their family members are entered. Fathers shouldn’t be judging sons. Sisters shouldn’t be judging sisters — even sisters who don’t get along (as is reportedly the case here.)

But does the Kennel Club say, “Yeah, you’re right, that was pretty stupid of us?” No, they spin and defend, manipulating the truth much like breeders and breed standards have manipulated dog breeds.

Which brings us back to the deformed, mutant German shepherd.

Sure, it could have been a case of nerves, or health problems unrelated to genetics that led her to stumble her way through the spotlight at Crufts.

But I suspect it has something to do with a limited gene pool. Design a human whose feet aren’t under his butt and he’d have trouble going through the paces, too.

Just as close relatives shouldn’t be judging each other in contests, they shouldn’t be breeding with each other — especially when the sole goal of those overseeing the breeding is to produce an offspring that accentuates some silly, and often unhealthy, physical characteristic that the latest breed standards deem “desirable.”

As seen in the video at the top of this post, the dog named best in breed, Cruaghaire Catoria, is barely able to trot across the arena floor. It’s as if her front legs and rear legs are operating independently of each other.

Why then award her best in breed? For one thing, her shape conforms to what, until recent years, was considered the ideal (when in reality it was unhealthy, prone to causing hip problems, and gave the breed the appearance of a skulking, runaway felon).

Correcting that, just like achieving it, takes some time — and that’s if there’s consensus among the breeders and all those smug kennel club types who have trouble ever admitting they were wrong.

If Cruaghaire Catoria is any indication, that consensus doesn’t exist.

(Photo: James, the Gordon setter chosen best gun dog; ASC/ZDS/Anthony Stanley / WENN.com)