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Tag: lawsuit

“The only thing I’m going to do is shoot it”


That police in St. Clair Shores in Michigan saw killing a dog as the preferable way to stop her barking has been pretty well documented in dash cam videos that have become public.

As soon as they pulled up at the scene, their dashboard camera recorded remarks they were making inside their patrol car, like “The only thing I’m going to do is shoot it” and “I don’t do snares. I don’t do dogs … I’ll shoot the f—ing thing.”

lexieBut why there were 15 bullet holes in Lexie, a dog police officers only admitted to shooting four times, is a question that may go unanswered — at least until a federal lawsuit filed by the dog’s owner comes to trial.

The lawsuit, filed earlier this month, stems from the November 2013 shooting of Lexie, a 44-pound mixed breed who was the subject of a barking dog complaint filed by a neighbor.

Lexie’s owner, Brittay Preston, filed the lawsuit against the city of St. Clair Shores, two police officers and an animal control officer, according to Fox News in Detroit. It alleges a violation of her Fourth Amendment rights against unreasonable seizure.

The lawsuit seeks money damages, and assurances that St. Clair Township police will “train their officers so that there’s not another incident where they respond to a barking dog complaint by killing it,” said Preston’s attorney, Chris Olson.

Preston was at work and the dog was under the care of a grandfather, who suffers from dementia and forgot to let Lexie back inside during a cold night.

Officers, after discussing their alternatives in the patrol car, approached the home and eventually persuaded the grandfather to let the dog in the house. After he agreed to do so, they shot the dog saying she lunged at them in a threatening manner.

Attorney Olson said the discussion recorded by the dash came shows the shooting was premeditated.

“Neighbors complained of a dog that was barking. [Police] showed up. The first thing that they said out of their mouths was they don’t like dogs; they don’t do dogs; they’re going to shoot the dog anyway. And that’s exactly what they did,” he said.

“Then they shot the dog again, instead of trying to take care of the dog, getting some care of the dog to prevent it from dying, they did what they intended to do. They made sure that the dog died. They shot it again, and then the dog walked into the animal control van and then when we picked up the dog it had extra bullet holes,” he added.

A necropsy conducted by a veterinarians found 15 bullet holes in Lexie.

Officers, after shooting and wounding the dog, can be heard discussing what to do next, including “choking it out” and “using a shovel,” according to the lawsuit.

One officer remarked that would be a bad idea because “you know this is going to be all over Facebook in about an hour.”

“We’re saddened when anyone loses a pet, but since the city and its employees are being sued, the city will certainly defend the lawsuit,” St. Clair Shores City Attorney Robert Ihrie said in a statement. “The complaint that was filed is filled with innuendo, speculation and half truths, and I have no doubt when it’s held up to the light of day, the truth will bear itself out in court.”

(Photo: from the Justice for Lexie Facebook page)

Condo association to pay for its stupidity

fischerA Florida condo association that told a woman with multiple sclerosis that her service dog was too big has agreed to pay $300,000 to atone for its collective stupidity.

The settlement followed a federal judge’s declaration that Sabal Palm Condominiums in Davie, which sued to force the woman to get rid of the dog, had behaved in a manner both absurd and unreasonable, not to mention in violation of the Fair Housing Act.

“Sabal Palm got it exactly — and unreasonably — wrong,” U.S. District Judge Robert N. Scola wrote in his order.

“This is not just common sense — though it is most certainly that.”

Scola ordered the condo association to allow Deborah Fischer, a retired art teacher, to keep her service dog, the Miami Herald reported.

Fischer, who uses a wheelchair and has limited use of her arms and hands, received a service dog in November 2011 from Canine Companions for Independence, a nonprofit group that provides dogs for people with disabilities.

The dog – a 5-year-old Labrador-golden retriever mix named Sorenson — has been trained to help Fischer pick things up, open and close doors and retrieve items from counter tops.

The condominium association, saying the dog violated its 20-pound limit on pets, began demanding medical records and other information to prove that Fischer needed Sorenson — and it sued Fischer when, it said, she failed to provide it.

Fischer, along with her husband, Larry, counter-sued, saying the condo board’s demands violated the federal Fair Housing Act, or FHA.

Judge Scola, in a 30-page ruling, strongly agreed with Fischer.

That the condo association “turned to the courts to resolve what should have been an easy decision is a sad commentary on the litigious nature of our society. And it does a disservice to people like Deborah who actually are disabled and have a legitimate need for a service dog as an accommodation under the FHA,” he wrote.

Condo board members suggested that Fischer could get a smaller service dog, but Scola didn’t buy that argument.

After Scola ruled in the Fischers’ favor, their attorney negotiated a $300,000 settlement with the attorney representing Sabal Palm.

Fischer said Sorenson can recognize 40 separate commands.

“He has made my life so much better,” she said.

(Photo: Courtesy of Matthew Dietz)

Alanis Morissette and ex-housekeeper fight over dog named — aptly enough — Circus

Alanis Morissette says her housekeeper took her Chihuahua mix.

The housekeeper says the singer no longer wanted the dog and asked her and her fiancé — seen in this video explaining their side of the story — to take him.

Morissette and her husband, Mario Treadway, have filed a lawsuit, seeking $25,000 and the return of the dog.

Maria Garcia, the housekeeper, and her husband Patrick Murch, a dog walker, responded with this video, claiming Morissette told them the dog was “too annoying” to keep, and arguing the dog — given he was given to them and given they have cared for him for the past year — should be theirs to keep.

alanisMorissette and Treadway say they found Circus roaming the streets in 2011, took him to an animal shelter and, when no one came to retrieve him, adopted him and brought him home.

They say they asked Murch and Garcia to care for the dog while Morissette was on tour, for most of 2012.

Garcia house sat for the couple during the tour. When Morissette returned in early 2013, Garcia says she was asked to take the dog home with her because his behavior had become, in Morissette’s view, ”annoying and insufferable.”

Since March of 2013, Circus has lived exclusively with Murch and Garcia.

Garcia says Morissette was allergic to Circus, and that the dog was food aggressive and was relieving himself inside the singer’s house.

“Mario and Alanis were both frustrated with Circus’ behavior and said he was disruptive to their family, posed a risk to their other dogs and their child…”

In a blog called Help Circus Stay!, they add, “They gave him to us a year ago and he’s been with living with us since, happily, healthily and loved by his little family. Now they are trying to rip our family apart!”

Morissette and Treadway fired Garcia in January of this year, and filed the lawsuit seeking the return of Circus a couple of months later.

After the housekeeper and dog walker posted the video last month, Morissette and Treadway further complained that, by doing so, they have made the dog a target for dognappers, TMZ reports.

Treadway filed additional legal documents in which he said Circus “is not merely a piece of property. He is living and breathing.” Each day he is separated from the dog, he said, “[my] heart suffers more and more.”

Did you hear the one about the guide dog in a nudist community?

fowlerandlauraA homeowner’s association at Paradise Lakes Resort doesn’t have weight limits when it comes to human residents, and we guess that’s a good thing — even though the condo community is a clothing-optional one.

But the association’s rules run a little stricter for dogs, including one that bans any dogs over 25 pounds — apparently even when it’s a guide dog that belongs to a legally blind resident of the nudist community.

By now you’ve probably guessed that this can only be happening in Florida, specifically in Lutz, where a homeowner’s association has told Sharon Fowler she needs to get rid of her black Labrador, Laura, or move out, according to a lawsuit.

Fowler filed a lawsuit against the association last year. It was dismissed by one judge, but now that dismissal has been overturned by an appeals court, and Fowler has renewed her fight to keep the dog she says she can’t get around without.

“She helps me to get around curbs and obstacles,” Fowler told the Tampa Bay Times.  “She’s 100 percent necessary to me. She’s my lifeline.”

According to a lawsuit filed last year, Fowler received a letter from the association telling her to get rid of the dog or move out.

The association said the dog violated their weight limits — something that wasn’t pointed out when Fowler filled out an application, disclosing the dog’s weight, when she moved in.

Even when Fowler provided documentation of her disability, the association did not withdraw the notice of the violations, according to the lawsuit.

“I felt demeaned, and I felt degraded,” Fowler said. “I’ve never felt so degraded.”

Her lawsuit seeks injunctive relief and monetary damages for mental anguish.

“It’s the principle of the fact,” Fowler’s husband, Craig, said. “The board needs to know they cannot bully us around.”

Fowler says she has been told to only walk the dog in specific areas, and stay out of the way of pedestrians. She’s also been told her dog is out of control, which she says is not the case.

“My dog is a highly trained service animal,” she said.

“Paradise Lakes Resort does not discriminate against any person with physical disabilities and does not prevent any person with service animals from visiting the resort,” owner Jerry Buchanan said.

Fowler’s accusations were directed at a homeowners condominium association not connected with the resort.

Fowler says she has a rare autoimmune disease called leukocytoclastic vasculitis, which has already affected her sight and could affect her hearing.

She doesn’t want to move because she has learned her way around Paradise Lakes, and appreciates being able to live in a clothing optional community.

(Photo: Fowler and Laura; by Brendan Fitterer / Tampa Bay Times)

The Seahawk who left his dog behind

bennetttmz

When NFL defensive lineman Michael Bennett left the Tampa Bay Buccaneers last year to join the Seattle Seahawks, he left his dog behind.

As his new team ran up a record that may see them heading to the Super Bowl, his boxer puppy, named Koa, languished in a Tampa boarding kennel. 

Bennett, according to a lawsuit, apparently didn’t get around to transporting the dog to his new home, or paying the dog’s boarding fees, or returning the kennel’s calls.

A lawsuit filed by the kennel, Lucky Dog Daycare and Resort, is seeking $5,000 to cover the costs for Koa’s care and expenses related to finding him a new home.

Koa was four months old when left at the kennel, in March, 2013.

In the lawsuit, the kennel claims the puppy was so distraught after being abandoned, he “eventually began refusing to eat, losing his hair and clearly failing to thrive.”

Seattle Dog Spot reported back in November that Bennett, despite his $5 million a year salary, had neither reclaimed his dog nor paid for the dog’s boarding.

TMZ reported last week that the kennel had filed a lawsuit. Bennett hasn’t responded with his side of the story.

Subsequent reports — though we see it as an unfair stretch — have compared Bennett to a certain Philadelphia Eagles (at last report) quarterback, whose name and dogfighting conviction we won’t mention, given he has ”reformed” and “paid his debt to society.”

pukaThe kennel, through a boxer rescue organization, has found Koa a new home. He has been renamed Quigley, and is said to be thriving with his new owner, described in one report as an out-of work puka shell salesman.

That may not be the life of luxury the dog could have had with a professional football player.

But, honestly — and here comes my unfair but heartfelt generalization – if I were a dog, and had the choice of living with an NFL player or an out-of-work puka shell salesman, I’d pick the out-of-work puka shell salesman any day.

(Top photo: TMZ)

Rollie’s death still echoing in Carson City

rollie

Two months after being put down, a little shih tzu named Rollie is still causing big problems for – and leading to some positive changes in — Carson City, Nevada.

On July 25, Jeraldine Archuleta’s lost dog was picked up and brought into Carson City Animal Services.

The next day, Archuleta tried to retrieve the dog but was told she needed to pay $100 within 72 hours.

Archuleta couldn’t come up with the money, and her requests for more time were denied. Rollie was euthanized by the shelter five days later.

The heartbroken pet owner wrote a letter to the editor about the incident to the  Nevada Appeal, and its publishing prompting widespread public outrage. Last month, Gail Radtke, the manager of Carson City Animal Services, was fired. A health inspector was put in charge of the facility temporarily, and a second health department staff member was assigned to monitor front desk personnel.

All shelter staff are undergong new training, and policies are being reviewed as the city tries to ”refocus the directions and goals” of the department, it said in a press release.

This week, city supervisors voted to pay Archuleta $41,500 to settle a lawsuit she filed over Rollie’s euthanasia, according to the Reno Gazette Journal

Meanwhile another lawsuit is pending against the city, filed by Radtke, who says she was defamed and unfairly ousted from her job because of public outrage over Rollie’s death.

Owners say their prize-winning Samoyed was neutered without their permission

yougottabelieve

Justin is a stud no more, and the handsome Samoyed’s New York owners are suing his temporary caretaker for having him neutered without their permission, and refusing to give him back.

Cecile and Victor Stanton, of Jericho, N.Y., filed a lawsuit in Los Angeles last week against Beverly Jeffries of Pasadena, Calif., claiming she refuses to return their dog, whose official American Kennel Club name is Polar Mist You Gotta Believe.

The Stantons agreed to give temporary custody of the AKC-registered Grand Champion to Jeffries while they retained ownership, according to a contract signed in February and included in the lawsuit.

But, according to the lawsuit, when the Stantons asked for the dog to be returned in May, Jeffries refused, ABC News reports

In the lawsuit, the Stantons say Jeffries had Justin neutered without their permission in April.

The dog is worth an estimated $250,000, according to the suit — and his breeding value alone was worth $100,000.

The Stantons bought the dog in 2006, according to a certificate issued by the American Kennel Club.

The Stantons are suing Jeffries for $350,000, citing breach of contract, promissory fraud, and intentional infliction of severe emotional distress.

Neither Jeffries nor the Stantons could be reached by ABC for comment.

(Photo by Ken O’Brien, O’Brien Photos, via Infodog)

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