Wrongful Death

[Mary Ellen Doss]

As I have said before: I do not know how to fight CITY HALL. We filed suit and they denied our claim. I don't understand how people, who's wages are paid by my TAX DOLLARS, can set there and tell me that they are not at fault. Major Payne was a sweet and trusting dog. We got him when he was just 6 weeks old. He was 6 when they KILLED him. The constant PAIN at his loss is miserable. He was a huge part of our lives. They might as well KILLED one of my children. Please, Someone tell me where to start. This is so wrong.

[Kristi]

How did they Kill him? What happened?

[Mary Ellen Doss]

The police were sent to our house at 3 AM by mistake. He walked through a gate posted "Beware of Dog". When we answer the door, he was told that we had aggresive dogs. Please wait til I put them up. When we turned to go he pushed the door open and walked in. Major Payne, my dog, didn't see a police officer; he saw a strange man standing in the livingroom. Of course, Payne went after him. He ran and tried to get back over the fence. In his panic; he fired 3 shots at Payne. One hit him in the back; paralyzing him. I had to find a Vet at 3AM to put my dog down. We filed suit against the CITY and they have denied our claim. Payne was a solid white Pit Bull male. We have had him since he was 6 weeks old. It's a shame that such a beautiful animal has to be tossed aside. If you know an attorney that handles this kind of case; Please let me know. I can't let him die for nothing. He gave his life for me.

[Darrell]

Mary:

MY understanding of the law is that police cannot enter your house without either a warrant or your permission. Thus the premise of your case would hinge on convincing a judge that illegal entry by the officer caused everything that happened.

SO ... if what you have claimed is true and not lacking any important details, I believe you might have a case against the officer, the police of that town and the town itself. The weakest part of your case is the fact that the officer ran back outside, fleeing your house, as the dog continued to attack him. His defense in court will be that he fired in self defense. The judge may decide that you didn't do enough to restrain the dog.

Unfortunately, per the law, your beloved dog is mere property worth only what you paid for him up front times the fraction of his life expectancy remaining. You might be able to win that against the officer in small claims court without a lawyer.

I'm deeply sorry for your loss. This is a story that just keeps happening all across the usa. Perhaps regular officers shouldn't be permitted to carry guns?

[Mary Ellen Doss]

Darrell: Thank you for your input. I really appreciate it. I feel like I'm beating my head against the wall. There is a City Council Meeting next Tuesday. I have had a T-shirt made with a Picture of Major Payne on the front, with the words "My dog was murdered by a Cop!!" . I'm going to wear this to the Meeting. I'm going to have my say. They are suppose to have the final say on this matter. If I don't get any action from them, I will go to court.

[Darrell]

Mary:

With all due respect, attending the city council meeting will be a total waste of your time. Most likely all in attendance will be you, a few council members sitting at the head table and one or two citizens in the audience with zoning issues to resolve. I'd be surprised if they gave you 5 minutes of their time. You won't find any justice there.

You'd do much better going to the city newspaper office and talking with a reporter. He/she might write your story for the newspaper. (wear the t-shirt to the newspaper office; it will be a natural photo for your story).

I know that this will be a bitter pill to swallow, but had your dog been better trained, you might have called off your dog long before things got out of hand. Given that it was not, measures need to be taken such that should police ever again need to enter your home, they won't feel threatened by your next dog. This won't make you feel any less hurt; but at least you know what corrective action to take.

[Mary Ellen Doss]

Darrell
At the time this was going on, Payne was the first one out of the bedroom. The police officer was already out the door before we got to the living room. Payne was terrified of guns. When the officer fired; he was trying to get away. That's why he was shot in the back.

[Darrell]

Start at the beginning. Tell us what happened. Then tell us the basis of your filed claim and their reason for denial.

[Mary Ellen Doss]

The basis of my claim was the fact that they were at the WRONG house. My dog was doing what he was suppose to do. Protect us. The CITY attorney quoted something about an officer in the line of duty. I feel that it wasn't his DUTY to wake me up at 3 AM and shooting my dog. My daughter and I live together. Most of the time it is just her and I here. Our dogs make us feel safe. The neighborhood I live in is not the best; but everyone around here knows that we have large Pits. I don't worry about anyone bothering us. I feel that my CITY has really let me down. There is no JUSTICE for Pits or their Owners. We paid $1500 for Payne. He was Hit by a car and broke his pelvis; that cost us $3500. To have him put down at 3 AM cost $250. We had him for 6 years. Nothing can replace him. They want to treat him like a stray. IT'S NOT RIGHT!!!

[Delilah]

You paid $1500 for a dog?! This more for the readers than you (I am so sorry for your loss)--shelter dogs are $100-250 in my area. This includes neutering, microchip, all shots and a health guarantee. YOu will find pure breds and mixes, puppies and trained house dogs, Yes there are abused dogs but that does not mean they are aggressive or untrainable, there are lap dogs and ones that need to go on a daily run with you. Great dogs, loving dogs, loyal dogs. Maybe more loyal because they remember where they came from.
As for this case, Mary Ellen if I lived near you I would be at court, wearing that t-shirt right along with you. I have a pit mix and sometimes wonder what she would do (and Chihuahua too) if an officer or fireman needed to come in the house. Now, I have to worry about the cops needing to go to a neighbor's house too.

[Mary Ellen Doss]

Delilah:
Major Payne was worth every cent. He was pure white. That is very hard to find. That is what attracted us to him. We fell in love with him immediately. He was not an aggressive animal, except when it came to his family. He was very obedient. This all happened so fast, that we didn't have time to call him off. The one they had to worry about was locked up in my bedroom. She is half Rott and half Pit and she is aggressive. She has the size of a Rott with the attitude of a Pit. I have adopted several dogs from shelter. They have all been good dogs. We have a very good shelter here, also several Orgs. in and around the city that do a great job of adopting out pets. I support them whenever I can.

[Delilah]

im not saying he wasnt worth it, I just get mad at people profiting from animals. I see pure white pits and American bull dogs a lot at shelters, many times they are deaf. I imagine if the cop and police department showed some genuine concern and helped you through all of this it would be adifferent story. Everyone is afraid of being sued and dont want to take blame when they should. Hope your feeling okay, you'll get through this and come out stronger.

[Regina Dickerson]

If that officer didn't have a warrant or your permission, he was breaking the law barging in like that. He was in the wrong. If you told them for them to wait for you to put your dog(s) up, then they should had waited. They should be suspended without pay if not fired. Nor should they had fired at the dog either and wait ed for you to get him(your dog). If they were to shoot they should had fired it up in the air.