June 28, 2013 |
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Police officers in a Chicago suburb sat in front of a home for 20 minutes, then without any provocation shot the family dog, who had been calmly sitting on the front porch, the dog's owner claims in court.
Randy Green sued the Village of South Holland, police Officer Chad Barden and other unknown officers, in Federal Court.
South Holland, pop. 21,000, is a southern suburb of Chicago.
"On Sunday, July 22, 2012, two South Holland Police Officers arrived in separate vehicles at the home of Randy Green between 9-10 am, to investigate a purported dog off-leash (at large)," the complaint states.
"Upon information and belief, a caller had identified the dog at large as 'a big old gray dog runnin' around.' The caller made no mention of the dog being dangerous, vicious, or aggressive. ...
"The two South Holland officers arrived while plaintiff Randy Green and his family were asleep inside of their home, and where Mr. Green's Cane Corso dog, Grady, was sitting on the front porch.
"Upon information and belief, the chain holding Grady in the Green family backyard had popped, allowing Grady to be off leash on and around Mr. Green's residence.
"Both South Holland officers were equipped with dog-catching poles in the trunks of their vehicles, but neither attempted to use the dog-catching poles to capture the purported dog at large.
"South Holland officer Chad Barden stood, with his gun drawn, near the Green family home while the dog Grady sat on the front porch.
"The accompanying South Holland officer stood, leaning against his own police vehicle,
approximately 100 feet away from Officer Chad Barden.
"The dog Grady walked past both officers on more than one occasion without incident, thereafter lazily returning to the front porch of the Green residence.
"At no time did the dog Grady make physical contact with either officer.
"The South Holland police officers stood outside the Green family home for approximately twenty minutes.
"At this time, the dog Grady approached Officer Barden again as he was standing nearest the Green family home.
"Shortly thereafter, Officer Barden shot the dog Grady three times for no reason."
Grady, wounded, ran into the back yard and Green "rushed outside" to help him and take him to a vet.
Citing an "Expert Report," Green claims that "video surveillance footage from the Green family residence revealed the absence of any charging, lunging or showing of teeth by the dog Grady and instead showed the dog Grady seeking 'greater distance between the officer and himself,' displaying 'calming [body] signals' by 'looking away from the officers and showing his [Grady's] flank,' and moving in a 'trot.'" (Brackets in complaint.)
The family immediately "took Grady to an emergency veterinary facility where Grady was treated," the complaint states.
Meanwhile, "South Holland police officers walked onto the residential property of Randy Green, including his backyard and other private areas near his home," Green claims.
A month later, South Holland police delivered a letter accusing Green of having a dangerous dog.
Green seeks damages for unreasonable seizure, trespass, intentional infliction of emotional distress, violation of the Illinois Humane Care for Animals Act, and malicious prosecution.
He is represented by Anna Morrison-Ricordati.
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