dog was killed by cops what lawyer would be good for the case

Are police dogs reliable in court?

People can protect their dog and the officer by eliminating or reducing any direct contact between the dog and the police officer. It is advisable to keep your dog under control, follow all leash laws and keep dogs indoors, if possible, during law enforcement neighborhood searches and 9-1 …

Can a police officer legally kill a loose dog?

Jun 12, 2020 · After local family’s dog shot and killed by police officer, case heads to county prosecutor by: Linda ... Police have now referred the case to the Miami County attorney for possible criminal ...

What is the current state of the law surrounding police dogs?

You have the right to sue for the injury or death of your pet that was caused by another party. Consult your veterinarian to document all the medical finding on your pet's injuries and present them in court to help you recover damages. Call LegalMatch at (415) 946-3744 to find an attorney and win your case today!

Why do police officers shoot dogs?

The art of the trial lawyer (whether the prosecuting attorney or the defense attorney) is to present the evidence in the manner necessary to win one's case. For the defendant, this means proving an affirmative defense (i.e., "the victim provoked my dog"), a denial (i.e., "it didn't happen at all"), or a violation of one's own due process rights ...

What are the laws for wrongful killing of dogs?

Many states have enacted statutes that allow recovery for the wrongful killing of a pet. This allows dog owners to plead a state statutory claim in addition to common law claims. For example, Sandle v. Davis , Seagrave v. Atzet , and Harrington v. Hovanec all involved CA CIVIL § 3340 claims, which is derived from the California statutory code and provides that “for wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given.” In Maine, “unless the killing is justified to protect persons or property, a person who steals, confines or secretes, willfully or negligently injures or willfully or negligently kills a dog is liable in damages to the dog's owner in a civil action.” ME ST T. 7 § 3953 . In Rhode Island, a statute imposes a fine of between $10 and $100 or imprisonment of up to thirty days, and provides that the wrongdoer “shall by liable to the dog’s owner for damages in a civil action” when he wrongfully removes the collar from a licensed dog or steals, maims, detains or exposes a poisonous substance to a licensed dog. RI ST § 4-13-13 . Other states, like Michigan, have simply enacted statutes preserving all common law claims rather than adding additional statutory claims. M.C.L. § 287.288 (“Nothing in this act shall be construed to prevent the owner of a licensed dog from recovery, by action at law, from any police officer or other person, the value of any dog illegally killed by such police officer or other person.”). Finally, Wisconsin has an interesting statute that prohibits “the killing or aiding in killing or wounding by use of deadly weapon of any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.” WI ST § 951.09 . This would make it unlawful to shoot any dog that is on leash or in a yard.

Which state has the harshest dog shooting law?

Iowa wins the prize for the harshest dog shooting statute by making it “lawful for any person… to kill any dog for which a rabies vaccination tag is required, when the dog is not wearing a collar with rabies vaccination tag attached.” IA ST § 351.26 . It is important to be aware that many states accord much less protection to unlicensed property.

What happens when a person shoots a pet?

I. Ordinary Citizen as Shooter. When a person shoots a pet, there are both common law state claims, which will ordinarily be the same regardless of the state, and statutory state claims which can vary greatly.

Is it legal to kill a pet?

Thus, the injury or killing of pets can be a federal violation of the pet owner’s constitutional Fourth Amendment right to be free from unreasonable seizures of their property.

What defenses do you use to shoot a dog?

One of the most well-known common law defenses is self-defense. However, to justify shooting a dog, the defendant would have to show he had reason to fear serious bodily harm. A much easier threshold for defendants to meet would be to show that the situation in which they shot the dog was covered by a state statute authorizing the action.

What is intentional infliction of emotional distress?

The Restatement of Torts establishes that the elements of intentional infliction of emotional distress claims are that the offending party, through extreme or outrageous conduct, must intentionally or recklessly cause severe emotional distress or bodily harm to another.

Can a government employee sue for a pet shooting?

Also, only government employees can claim qualified immunity. It will also be important to review the amount of damages that can be sought with your client, because often attorney’s fees will outweigh any potential gain.

What is contributory negligence?

The final type of negligence theory, which is only available in a handful of states, is called “contributory negligence.”. If a pet owner is found partially liable for their pet’s death or injuries and lives in a state that follows a contributory negligence standard, then they will not be allowed to recover any damages.

Why is malpractice considered malpractice?

Malpractice can occur when a vet does not meet the standard of care required of all veterinary professionals, which then causes them to injure or kill an animal. A vet may fall below this standard of care for a variety of reasons, such as incompetence, misdiagnosis, and treating animals with careless indifference.

What to do if your dog bites someone?

If your dog bites someone, do the right things so that the victim and his family do not become frustrated and take action. See If Your Dog Bites Someone. For the sake of prevention, see Why Dogs Bite , which explains that training, socializing and caring properly for your dog will reduce the risk that it will bite someone in the future. ...

What happens if my dog barks at the mailman?

If your dog barks too much, lunges at pedestrians, snaps at the mailman or kids on the block, trouble is on its way. It can take several forms. The Post Office may refuse to deliver mail until you deal with the problem. Animal control may cite you and fine you. Injuries to others will be followed by a letter from an attorney which, if you do not answer it, will in turn be followed by a visit from a Sheriff bearing the summons for a lawsuit.

What happens if my dog bites me?

After a bite incident, you and your dog may face charges in criminal court or "dog court.". If the bite was justified because of trespass or provocation, or if there is a risk that the punishment might not fit the "crime," you will need to retain an attorney or learn how to defend yourself.

What is proof beyond a reasonable doubt?

The degree of evidence varies with the jurisdiction and the charges; in criminal cases, it is "proof beyond a reasonable doubt" but in other types of hearings a lesser standard of proof is required. There are many defense tactics that focus on defeating the prosecutor's task.

What is the second issue?

The second issue is which laws the particular animal control department or court will choose to follow. This often is a matter of policy. Some authorities are more concerned with protecting people from animals, while others focus on protecting animals from people.

What happens if you kill a police dog?

The absurd cruelties of the American police state keep reaching newer heights. Consider that if you kill a police dog, you could face a longer prison sentence than if you’d murdered someone or abused a child . If a cop kills your dog, however, there will be little to no consequences for that officer.

How many dogs are killed by police every day?

It is estimated that a dog is shot by a police officer “ every 98 minutes .”. The Department of Justice estimates that at least 25 dogs are killed by police every day. The Puppycide Database Project estimates the number of dogs being killed by police to be closer to 500 dogs a day (which translates to 182,000 dogs a year).

What is the smallest dog in the world?

Chihuahuas, among the smallest breed of dog (known as “purse” dogs), seem to really push cops over the edge. In Arkansas, for example, a sheriff’s deputy shot an “aggressive” chihuahua for barking repeatedly. The dog, Reese’s, required surgery for a shattered jaw and a feeding tube to eat.

Can a cop shoot a dog?

The epidemic of cops shooting dogs takes this shameful behavior to a whole new level, though. It doesn’t take much for a cop to shoot a dog.

What is the Rutherford Institute?

The Rutherford Institute is working on a program aimed at training police to deescalate their interactions with dogs rather than resorting to lethal force, while providing pet owners with legal resources to better protect the four-legged members of their household .

Do cops have immunity?

In this, as in so many instances of official misconduct by government officials, the courts have ruled that the cops have qualified immunity, a legal doctrine that incentivizes government officials to engage in lawless behavior without fear of repercussions. This is the heartless, heartbreaking, hypocritical injustice that passes for law ...

Why are dogs considered business assets?

Because dogs or other animals kept for breeding are essentially business assets, their monetary value may include the lost potential revenue (as in the McDonald case). But judges may stick to the replacement-value standard, reasoning that the owner can get another animal that will generate the same income.

What is the first expense for a dog?

When your dog or cat has been hurt , your first expense is usually for veterinary care. The person responsible for the injury will probably be liable for those bills. But courts usually allow compensation only for "reasonable" treatment. The question of what's reasonable depends on several factors, including the extent of the injuries and the animal's age and general condition.

What is punitive damages?

When a court orders someone who injured or killed a pet to pay the owner, that money is intended to compensate for the economic (and sometimes emotional) loss. In some states, courts may also award "punitive damages" intended to punish the wrongdoers for outrageous or deliberate actions. For example, California law specifically allows these awards (known in that state as "exemplary" damages") for injuries to animals "committed willfully or by gross negligence" ( Cal. Civ. Code § 3340 ).

What is exemplary damages in California?

For example, California law specifically allows these awards (known in that state as "exemplary" damages") for injuries to animals "committed willfully or by gross negligence" ( Cal. Civ. Code § 3340 ). Punitive damages may be especially appropriate in animal cases, where compensation is likely to be low.

Can you get compensation for emotional suffering?

But in cases involving deliberate or malicious wrongdoing, some states allow courts to award compensation for the owner's emotional suffering or extra money as a form of punishment.

Do you need a warrant to use a police dog outside your home?

The bottom line is that the police won’t need a warrant to use a police dog outside your home. But the dog better be there already or get there fast.

Is the sniff case bad news?

A recent Illinois criminal case on a police dog sniff case suggests it is going to be harder to challenge the reliability of a police dog after all. However, I still want to emphasise that it is not all bad news.

Did the police go into the home with the dog?

To be clear, the police did not go into the home with the police dog. All three officers remained on the front stoop and only walked on the walkway to the stoop. Nonetheless, the Court commented that the Fourth Amendment actually uses the word “houses” (also known as your home) then held that:

Introduction

• How to assist a client in bringing a lawsuit for the shooting of his pet will depend on whether the shooter is a government employee, such as a police officer or animal control official, or an ordinary citizen. In the former situation, both state and federal causes of action may be brought, while in the latter, only state claims can be pursued. Also, only government employees can clai…

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I. Ordinary Citizen as Shooter

II. Government Official as Shooter

Conclusion