INDIANA -- The owners of two Siberian husky dogs who were shot to death by Crown Point officers filed a federal lawsuit saying their civil rights were violated.
The lawsuit filed Friday in the Northern District of Indiana U.S. District Court names the City of Crown Point and four Crown Point police officers involved in the shooting. Daniel Lee, Michael Brazil, Steve Meece and Stanko Gligic are all named as defendants in the lawsuit.
Officials from the Crown Point Police Department did not respond to requests for comment Monday.
Bradley Nitz and Lindsay Schild say their Fourth Amendment rights were violated because the shooting death of their dogs, Atka and Kenai, was an illegal seizure, according to a complaint filed in court. The owners also say in the lawsuit that the city didn't properly train and discipline the officers.
The owners are suing the city and officers for compensatory damages, punitive damages and attorney fees.
The lawsuit stems from a July 17 incident in the Liberty Park neighborhood, where the dogs were being watched by a friend. Police were called to the house by a neighbor who said the dogs had dragged her cat to a nearby creek and were cornering her husband.
According to police reports, the woman described the dogs as "wolves" and police initially thought they were coyotes. The dogs were not wearing tags and their fur was dirty.
Crown Point police previously said an officer used pepper spray on one of the dogs, but the dog continued to circle around the officer and cat owner. Officers shot the dogs because they continued to act aggressively, police previously said.
The complaint filed Friday contradicts police reports about the incident. According to the complaint, Atka and Kenai were not acting aggressively toward the officers or the cat owner. The complaint also alleges that the cat owner egged on the "trigger-happy" officers to shoot the dogs.
[If the owners weren't there, how can they say that the dogs weren't behaving aggressively? How can they say the dogs didn't chase and attack the cat? They should be suing their idiot friend who didn't properly contain the dogs.]
According to a police report, the shooting was the first animal-involved incident since 2012 to require lethal force because of aggressive behavior.
The controversial shooting spurred a vigil in downtown Crown Point and letters to local media outlets.
(nwitimes - Oct 22, 2013)
On Examiner.com, there is an article about this case. Most of the comments blame the victim:
"I'm sorry your cat got attacked. However, your mom is just as much to blame as the dogs. Overreact much? My cats love to go outside also, do I let them unsupervised"
"A dog killed your cat? You sue the owner. You don't run for a pistol and blow the dog's brains out because your cat is 'omg so important'. Those dogs were important to someone too."
A relative of the cat's owner posted:
"This happened at my parents home, to their cat, YES THERE WAS A CAT, who is still hanging on by a thread and may not make it, he's had 2 surgeries and is still in the care of the vet. My dad tried to scare the dogs (although they did not look like dogs and I saw it with my own eyes, mud and water can really change things) the dogs took the cat off of his patio and into a ditch where they had him down attacking and trying to kill him, screaming at them didn't work, my dad used a stick and hit them, didn't work, he even tried a shovel, these dogs were so incredibly focused on killing this poor cat, that nothing else fazed them.
The cops tried several things, not just shot them immediately. They gave those dogs several opportunities to back off of the cat, and back away from the people on site, but they didn't and when my dad reached down to grab his cat after officers arrived, the dog lunged at him in attack mode, the officers had no other option, they had already sprayed pepper spray, fired a shot to make the noise scare them, the dogs were clearly not in the right state of mind at the time,.
It's very saddening for the family that lost their beloved dogs, sad for my parents, who are watching their extremely friendly and loveable cat suffer tremendously, while racking up thousands of dollars in vet bills, and sad that people who weren't at the scene and are going by rumors that have been started, are so quick to judge!"
Did you properly read the article before calling the cat owner an idiot? The two dogs were running loose. They had no tags or collar. The dogs attacked a cat on the cat owner's property. Cat owner tried to save the cat, the dogs would not leave. The police were called, police tried to spray and chase away the dogs, the dogs would not leave the cat or cat owner alone. The police shot the dogs. Would you sit back and watch your pet, be it a dog, cat, rabbit be killed on your own property and think, well I can just file a civil suit, which will cost a fortune and take years, or save your pet. Why are the dogs running loose more important than a person and their pet on their own property?
ReplyDeleteNo, no. The idiot who posted the comment complaining about the police shooting the dogs is the person I'm calling idiot. I'm outraged that someone would think 'oh, it's JUST a cat' and tell me to sue someone in civil court over the mauling and pain my cat suffered. I love animals, but I would have shot those dogs too.
DeleteMy apologies, I did not read that correctly. I like your blog and was just taken aback because you advocate responsibility. I usually do not comment because I pretty much agree with you. I have friends and neighbors with all sorts of animals as pets, but I am just getting tired of the bad animal guardians who do not care if their large dog attacks another person's pet, no matter what the species. I recently saw an older cocker spaniel mix that was attacked by a rescue pit bull, another small dog that was bitten by a larger dog, and this is just in the past few months when I was waiting at the vet's office. So again, sorry I get mini idiot of the day for not understanding the post.
DeleteHaha. No worries! After I re-read the post, I realized it did come off as confusing. Sometimes I'm in such a hurry to post stories that I don't really read through what I've said to make sure it makes sense :) - Glad we're on the same page!
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ReplyDeletei knew what you meant marie.
ReplyDeletethe cat owners were in their rights. too bad they did not shoot before yelling, before hitting, their cat might have sustained less injuries.
indiana has a castle law which was recently expanded.
these fucktard dog owners will be in for a surprise when they find out the state of indiana will protect your right to even kill a cop.
http://www.dailykos.com/story/2012/12/28/1174361/-NRA-backed-law-allows-civilians-to-kill-police-officers#
i predict the courts will kick this ridiculous lawsuit to the curb.
My cats are indoor only but I've got to tell you any dog coming on my property threatening any animal is a dead dog. No yelling, no law suits, no cops, just well fed gators in the lake.
ReplyDeleteThis is a great blog! I have not found anything like it! It is the good and the bad. It also shows factually the vicious nature of certain dog breeds allowing the reader to form their own opinions. The daily and weekly facts speak for themselves. But thanks again so much for sharing your well documented research. I read this daily !
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