Connecticut: This is what happens when you hand over a vicious pit bull to the Lexus Project. They take the dog, come back later and sue you in federal court over it.

CONNECTICUT -- While the Almost Home animal shelter situation has dominated local headlines as of late, another case, this one involving a dog seized after biting three individuals in Plainville is proceeding in the courts.

On Jan. 21, Richard Bruce Rosenthal, a New York attorney who calls himself “the dog lawyer,” filed suit in the United States District Court of Connecticut representing the owners and trustee of Luca, a pit bull seized by Plainville police in 2014.

According to the 44-page lawsuit filed by Rosenthal, Plainville violated the plaintiffs’ rights under the federal and state constitution “as a result of the seizure, retention and long-term impoundment of the plaintiffs’ dog, Luca.”

“We’re litigating to have the statutes in which they seized the dog deemed unconstitutional, and seek monetary damages for the time they held the dog illegally, and legal fees,” Rosenthal said.

Town Manager Robert Lee dismissed the suit as “ongoing frivolous litigation. We did the right thing. The dog wasn’t owned by the individual who is suing us now. We turned the dog over.”

Plainville seized Luca on Feb. 20, 2014 and released the dog from detention on May 14, 2015 following action in a state superior court.

Rosenthal said Plainville “seized the dog and was holding it illegally.”

Lee countered, “Did we violate the dog’s constitutional rights? They’re trying to create new laws at the federal level.”

The suit claims the plaintiffs’ rights against unreasonable search and seizure under the fourth and fifteenth amendments to the U.S. Constitution and two sections of the Connecticut Constitution were violated.

The suit claims that while Luca was enclosed in its owner’s home “and was not growling or attacking anyone, Plainville Animal Control Officer Donna Weinhoffer, without a warrant, seized Luca from the plaintiffs’ property and issued a disposal order on Luca and took her to the Plainville Animal Control facility.”

Lee said Luca is a pit bull who bit people on three occasions, including “a small child who was bitten in the face, and a jogger who was chased down the middle of Route 10 and almost got killed trying to get away from the dog. We confiscated the dog – our plan was to euthanize the animal. The owner appealed the decision of the animal control officer.

"Under CT state law, if the owner appeals the order to euthanize the animal, the Department of Agriculture is supposed to provide a hearing officer to make the determination regarding the issue.

"Unfortunately, the state moves very slowly in these matters. We ended up in mediation – we rejected the mediation and the judge determined the settlement should be upheld, so we ended up giving the dog to the Lexus Project and moving him permanently out of state.”

The Lexus Project is a legal defense for dogs program started by Rosenthal. The owners transferred care of Luca to a trustee who permitted the dog to be moved out of state.

“The case will go to trial in federal district court unless we win on summary judgment,” Rosenthal said.

Lee said the town is represented by its insurance company in the matter.

(The Plainville Citizen - Feb 2, 2016)