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  • Omahan sues city after police killed family dog

    Published Wednesday August 20, 2008
    Omahan sues city after police killed family dog
    BY MAGGIE O'BRIEN
    WORLD-HERALD STAFF WRITER

    Lucky Boy, a 2-year-old chocolate-colored Labrador retriever mix, died in unlucky circumstances.

    The dog was shot and killed by an Omaha police officer nearly four years ago.

    His owner, Colleen M. Carroll, on Monday filed a lawsuit in federal court accusing the city and two police officers of violating her Fourth Amendment right against unreasonable search and seizure as a property and pet owner.

    The lawsuit seeks at least $250,000 in damages.

    "It's been tough on her," said Carroll's attorney, Bob Broom of Omaha, who said Lucky Boy was a peaceful family pet.

    According to court records, Officers Constance Garro and Mike Ashbrook, along with at least two unnamed officers, executed a no-knock search warrant at the Carroll home, 6568 Military Ave., on Nov. 18, 2004.

    Carroll and Lucky Boy were in the living room at the time.

    The lawsuit says officers, standing outside the home, had not announced their presence when one of them fired a shot that entered the house through a storm door and struck Lucky Boy. He died soon thereafter.

    The search warrant was for stolen property believed to be connected to Carroll's adult son, Broom said, and had nothing to do with her.

    Broom said Lucky Boy posed no threat to officers and should not have been killed.

    In a police report filed the day Lucky Boy was shot, "a sergeant said the dog was dangerous. We have no idea where that information came from," Broom said.

    Ashbrook retired last year, police said. Garro is still on the force.

    Lt. Darci Tierney, a spokeswoman for the Police Department, said police officers have no choice but to shoot dogs that appear dangerous and a threat to public safety.

    Tierney said police recruits have started receiving training on how to deal with dangerous dogs and dogs in general.

    Paul Landow, chief of staff to Mayor Mike Fahey, said Omaha police have shot 39 dogs since 2007. Of those, 32 were pit bulls and one was a pit bull mix.

    Fahey is sending City Council several measures in response to a series of pit bull attacks in recent months. The proposals would place restrictions on pit bulls, but not ban them.

    "In the line of duty, Omaha police officers encounter a large number of dangerous dogs," Landow said. "Sometimes it is necessary to shoot those animals."
    Some people were just dropped on their heads as children more than the rest of us!

  • #2
    Hmmm, one of the officers might have told her "you can get another one."

    Comment


    • #3
      The lawsuit says officers, standing outside the home, had not announced their presence when one of them fired a shot that entered the house through a storm door and struck Lucky Boy. He died soon thereafter.
      If ^this^ is true, then she deserves her payout. Of course, as with most of the stories posted here. More information is needed. And we'll never get the whole story.
      The Red, Bold, Italic is my official sarcasm tag.



      "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
      George Carlin

      Comment


      • #4
        they shot a lab, because it was....dangerous?
        "We are what we repeatedly do. Excellence, then, is not an act, but a habit" - Aristotle

        Comment


        • #5
          Any large dog can be dangerous, even a lab. It says the were serving a no-knock warrant, so why would they have identified themselves?
          son, if you keep this up, soon you'll inherit the family mullet!

          Comment


          • #6
            Originally posted by Tucker6900 View Post
            If ^this^ is true, then she deserves her payout. Of course, as with most of the stories posted here. More information is needed. And we'll never get the whole story.
            She doesn't deserve a "payout". They had a no-knock search warrant, which means exactly that, they didn't have to knock and announce their presence. But if it was me, i'd feel bad about shooting the family pet and would have no problem with the city paying for a new one. But you have to remember if the Officers perceived the dog as a threat then sure than can shoot it. It is a shame though they felt they had to. That is part of the job sometimes. OC is not reccomended to use on dogs but from experience it does work on the dogs ive seen it used on.
            "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

            Comment


            • #7
              Sad that the officers felt it was a threat, but like mentioned, they were serving a no-knock warrant, so I guess its part of the job.

              However, if I was the officer who shot it, Id feel pretty bad about killing a family pet. I can see them getting a new dog at the cost of the city, but $250,000?
              "...and the taking of a life is murder. And the punishment for murder is.... well it varies from state to state and by race, but...." - Homer J Simpson.

              Police: "Stop and we'll shoot!"
              Dilbert: "Stop AND we'll shoot? If you're gonna shoot, why should we stop?"
              Police: "Well, it would be alot easier for us. The targets at the shooting range don't run."

              R.I.P. Momma Coleman. You may have left our world, but you have NOT left our hearts.

              Comment


              • #8
                Originally posted by Sharp View Post
                Sad that the officers felt it was a threat, but like mentioned, they were serving a no-knock warrant, so I guess its part of the job.

                However, if I was the officer who shot it, Id feel pretty bad about killing a family pet. I can see them getting a new dog at the cost of the city, but $250,000?

                Point taken.
                The Red, Bold, Italic is my official sarcasm tag.



                "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
                George Carlin

                Comment


                • #9
                  Originally posted by Nightshift va View Post
                  She doesn't deserve a "payout". They had a no-knock search warrant, which means exactly that, they didn't have to knock and announce their presence. But if it was me, i'd feel bad about shooting the family pet and would have no problem with the city paying for a new one. But you have to remember if the Officers perceived the dog as a threat then sure than can shoot it. It is a shame though they felt they had to. That is part of the job sometimes. OC is not reccomended to use on dogs but from experience it does work on the dogs ive seen it used on.
                  Maybe I should have clarified. I think she deserves a payout. But not $250K. The sad thing is there is a judge who will agree with her, and make sure she gets paid.
                  The Red, Bold, Italic is my official sarcasm tag.



                  "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
                  George Carlin

                  Comment


                  • #10
                    They deserve the amount of money to replace the dog....nothing more.....
                    The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                    "Politicians are like diapers. They need to be changed often and for the same reason"

                    "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

                    Comment


                    • #11
                      Why is there a no-knock warrant over stolen property in the first place??

                      Comment


                      • #12
                        Originally posted by Loren Pechtel View Post
                        Why is there a no-knock warrant over stolen property in the first place??
                        I'm not a police officer, but I'm going to assume this warrant exists for this reason.

                        Suspect might be armed and dangerous. So we're not going to do the, "Hey, it's the police, we're giving you a little bit of time to find a way to run or get your gun so you can shoot us, 30 seconds is the time we're giving you, are you ready yet?"

                        Comment


                        • #13
                          Originally posted by nebraska_deputy View Post
                          The dog was shot and killed by an Omaha police officer nearly four years ago.
                          tell me that is a misprint. Four years ago?

                          Four years ago she was fine.

                          But today, gas prices are high and economy is going to shi7.

                          So she needs some cash.


                          Speaking of economy going to shi7 and gas prices are high. 27 years ago, I had a teacher hit me on the head with a ruler. I wonder if I can sue. It has to be the reason why I am stupid today.

                          Comment


                          • #14
                            Mabey the dog tried to attack? It only gave her side.

                            Comment


                            • #15
                              Originally posted by Blackavar
                              Does this seem like a lot of dogs in a short period of time to anyone?
                              Nope....we shoot about the same per year.....mostly pits....
                              The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                              "Politicians are like diapers. They need to be changed often and for the same reason"

                              "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

                              Comment

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