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Omahan sues city after police killed family dog

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  • equinox137
    replied
    Originally posted by nebraska_deputy View Post
    I'm not 100% sure what our statute of limitations are on civil claims. Maybe when I get to work tonight I'll pull out the book. Such as everyone said they may be entited to some money, but not what they are asking for. What's a pure breed lab run about these days? Maybe $1,000 or so, and I'm sure the dog they had wasn't even that.
    Originally posted by nebraska_deputy View Post
    Here's what I was able to find in my little Blue LexisNexis

    Section 25-201

    Civil actions; when commenced.

    A civil action shall be commenced only within the time prescribed in this chapter, after the cause of action has accrued. Notwithstanding any other provision in this chapter, when an action has been stayed by any court of competent jurisdiction or by statute, such action shall be commenced within the longer of (1) the time prescribed in this chapter, after the cause of action has accrued, or (2) one year after the date the stay is no longer in effect.

    Section 25-212 Revised Statutes Chapter 25
    Actions not specified.

    An action for relief not hereinbefore provided for can only be brought within four years after the cause of action shall have accrued.
    This is a federal Section 1983 suit, for which this is no statute of limitations. I hate to say it, but Nebraska's civil statutes don't mean diddly squat in this case.

    "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."
    Last edited by equinox137; 09-10-2008, 11:22 PM.

    Leave a comment:


  • btfp
    replied
    If it's within the statue of limitations , pay her. She will get something. It was wrong to kill a family pet.
    The dog hears a noise it goes to investigate and probably before the poor owners can figure out what is going on, their dog is dead. Pay them. This was handled very poorly.
    A no knock warrant, they see the dog, the dog is excited, possibly jumping ..tear gas comes to my mind, perhaps a tazer anything but a bullet. Now if it's a charging , snarling pitbull or rotweiler ( remember, you are behind the screen door, you have protection) and you cannot get away, yes take the dog out.
    This comes down to bad community relations. Police came served warrant, killed dog, bad guy not even there.
    I don't know why they did not do anything sooner. Maybe the solicitor was dragging his/her heels but for 4 years???
    Better settle with this woman now. If it goes to trial she could get more.

    Leave a comment:


  • Smurfette_76
    replied
    Shame about the dog. If the woman wanted sympathy, she should have filed the paperwork sooner and asked for less. $250K for a dog is ridiculous...I know you hard core animal lovers will disagree, but it's my opinion. There's never pleasing everyone...they were serving a no-knock warrant.

    Side Note: My black lab would bite strangers...and quick.

    Leave a comment:


  • FutureCop47
    replied
    Originally posted by kcpd2528 View Post
    1.) I also kicked my neighbor's lab in the head when it attacked my dog, and have had a co-worker/neighbor's lab charge us while walking. Dogs are dogs.

    2.) Considering that this woman raised the kind of child to have a no-knock search warrant served on her house and she probably didn't do any better with her pet, I have a hard time believing her side of the story.
    1.) Strange dogs scare the f out of me, I had a bad experience with a strange dog as a kid for a school function and have hated them ever since (unless I have a chance to get to know them).

    2.) Makes you kinda wonder huh? As others have said, more info. is needed in this situation, but if a police officer has to fire his weapon, then I'm pretty sure that the circumstances put in the news were a little..."tweaked" perhaps?

    This reminds me of that animal control lady that was dispatched to that old fart's home where the old fart told her dog to "sick her." After I shot the dog, the old bat would be next.

    Leave a comment:


  • FutureCop47
    replied
    Originally posted by nebraska_deputy View Post
    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."
    I feel for anyone who loses a pet, but isn't it a bit late?...

    Leave a comment:


  • kcpd2528
    replied
    Originally posted by BPD_126 View Post
    A lab attacked my fiance in the back of a ghetto house while she had someone at gunpoint............... It happens.
    I also kicked my neighbor's lab in the head when it attacked my dog, and have had a co-worker/neighbor's lab charge us while walking. Dogs are dogs.

    Considering that this woman raised the kind of child to have a no-knock search warrant served on her house and she probably didn't do any better with her pet, I have a hard time believing her side of the story.

    Leave a comment:


  • nebraska_deputy
    replied
    Originally posted by nebraska_deputy View Post
    I'm not 100% sure what our statute of limitations are on civil claims. Maybe when I get to work tonight I'll pull out the book. Such as everyone said they may be entited to some money, but not what they are asking for. What's a pure breed lab run about these days? Maybe $1,000 or so, and I'm sure the dog they had wasn't even that.
    Here's what I was able to find in my little Blue LexisNexis

    Section 25-201

    Civil actions; when commenced.

    A civil action shall be commenced only within the time prescribed in this chapter, after the cause of action has accrued. Notwithstanding any other provision in this chapter, when an action has been stayed by any court of competent jurisdiction or by statute, such action shall be commenced within the longer of (1) the time prescribed in this chapter, after the cause of action has accrued, or (2) one year after the date the stay is no longer in effect.

    Section 25-212 Revised Statutes Chapter 25
    Actions not specified.

    An action for relief not hereinbefore provided for can only be brought within four years after the cause of action shall have accrued.

    Leave a comment:


  • Monkeybomb
    replied
    Our animal control here told me black labs are responsible for more bites than any other breed here. Most are friendly knuckel heads. I have run in to a few that were plain mean though.

    Leave a comment:


  • djblank87
    replied
    My dad just picked up a full bloodied yellow lab for $1,400.00 I believe, it was not less than $1,200.00.

    Leave a comment:


  • nebraska_deputy
    replied
    I'm not 100% sure what our statute of limitations are on civil claims. Maybe when I get to work tonight I'll pull out the book. Such as everyone said they may be entited to some money, but not what they are asking for. What's a pure breed lab run about these days? Maybe $1,000 or so, and I'm sure the dog they had wasn't even that.

    Leave a comment:


  • LA DEP
    replied
    Originally posted by nebraska_deputy View Post
    Nope it's not a misprint, I know the two officers involved. Mike did retire about a year to go ago.
    hmmmm.....unless civil law is very different there, the statute of limitations to file a civil claim is WAAAAAAY over 4 years after the incident....

    Leave a comment:


  • nebraska_deputy
    replied
    Originally posted by Ritchie View Post
    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.

    Nope it's not a misprint, I know the two officers involved. Mike did retire about a year to go ago.

    Leave a comment:


  • BPD_126
    replied
    Originally posted by ChevyPower View Post
    they shot a lab, because it was....dangerous?
    A lab attacked my fiance in the back of a ghetto house while she had someone at gunpoint............... It happens.

    Leave a comment:


  • LA DEP
    replied
    Originally posted by Blackavar
    That makes sense.

    For argument sake though ....

    What if Omaha's dog shootings are in a similarly sized (porportionally) smaller area?
    Dunno.....teach the K-9s to not reach into their waistbands when jammed?

    Leave a comment:


  • asullivan
    replied
    Pay for dog, owner gets the meat....Done

    Leave a comment:

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