Filed Tuesday by Klamath Falls resident Roxanna Fragassi (aka Roxana Maria Fragassi, Roxanna Maria Fragassi), the petition asks the court to issue a writ of mandamus compelling County Commissioners Kelley Minty Morris, Tom Mallams and Jim Bellett (each listed individually as defendants) to explain why McMahon remains on duty despite multiple complaints of rights violations.
Fragassi had been among those alleging the unlawful seizure of pets conducted by McMahon, with Fragassi’s pit bull, Buster, being taken Jan. 6 following a dangerous animal complaint against the dog. Buster is alleged to have menaced one of Fragassi’s neighbors.
Intimidation claims
Fragassi and her husband, Michael Rawson (aka Michael Lee Rawson), claim McMahon used coercion and intimidation to seize Buster, and also claim Buster’s status as a service dog protects him from being taken.
According to the plaintiffs, Buster’s status as a service animal is disputed by authorities. Chief Animal Control Officer James Nielsen has said the service status of a dog has no bearing on his office’s response to a dangerous animal complaint.
Also, it turns out that the dog's [fake] "service dog" status had only been obtained by registering the dog at a sham commercial website online - AND the owners only did this AFTER the pit bull had been seized as a vicious dog.
Fragassi and Rawson filed separate federal suits last month against the county, animal control and McMahon, each requesting $500,000 in damages for their alleged violations of rights.
Cats seized
Other complaints against McMahon include a federal suit filed by Chiloquin resident John Todd, who similarly claims his rights were violated when 98 cats were seized at his residence on June 15. Todd’s suit was referenced heavily in Fragassi’s Tuesday complaint.
“Myself and many others feel threatened by (McMahon),” said Fragassi in Tuesday’s petition, noting McMahon is allowed to carry a sidearm while on the job and has allegedly gestured to his weapon as a means of intimidating residents.
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| John Todd, owner of 98 seized cats, sues county over search warrant |
When asked if the county has any response to Fragassi’s petition, Minty Morris said Wednesday they are not able to comment on pending litigation.
In addition to requiring commissioners to explain themselves, Fragassi’s petition asks for a special prosecutor to investigate the complaints against McMahon. She also asks the court to appoint an outside judge to hear her case, claiming “local courts have given carte blanche permission to Klamath County Animal Control officers.”
Seizure opinion
Local Judge Dan Bunch issued an opinion July 30 in a related criminal case calling Buster’s seizure legitimate, saying McMahon was exercising his legal authority as an officer of animal control when Buster was taken.
“The defendant’s consent was and remains irrelevant because it was never required,” said Bunch’s opinion, which noted the seizure of a dangerous animal does not have the same due process requirements as the seizure of property or arrest of a person.
The criminal case had dealt with charges of maintaining a dangerous dog and reckless endangerment against Rawson, for which he had been scheduled to go to trial Wednesday.
Charges against Rawson were dismissed that day after prosecutors were unable to produce the victim for testimony, saying he was out of state until next month. However, the court’s dismissal of Rawson’s charges was "without prejudice", which means the prosecutors are allowed to re-file the charges in the future.
District Attorney Rob Patridge confirmed Wednesday his office does intend to re-file charges in a timeline that will allow the victim to be available for testimony.
(Herald and News - Sept 10, 2015)
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