Sunday, July 20, 2014

Police dash camera: "The only thing I’m going to do is shoot it. I do not like dogs.”

The owner of a dog shot and killed by police last year has filed a federal lawsuit against the city and three police officers, alleging a violation of her Fourth Amendment rights and her civil rights in the killing of the dog.

Police were called to the area of Yale and Princeton streets Nov. 22, 2013, for reports of a dog running loose in the area. The dog, Lexie, was ultimately shot by St. Clair Shores Police after allegedly charging at the officers.
But the attorney for dog owner Brittany Preston said that police dash camera video recorded an officer as saying, “The only thing I’m going to do is shoot it. I do not like dogs.” A release from the attorney’s office also said Preston’s grandfather refuted the claims that the dog charged at police.

“The Fourth Amendment limits the power of government to search and seize your stuff, including your dog,” said Royal Oak attorney Chris Olson, who is representing Preston. “The unreasonable killing of a dog has been found in a number of federal lawsuits to be an unconstitutional seizure of the animal.”

The complaint, filed July 15 in the U.S. District Court for the eastern district of Michigan, names the City of St. Clair Shores, police officers David Jacquemain and Jeremy Moskwa, as well as Animal Control Officer Tom Massey, as defendants.

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