To: ruoflaw
"I disagree...the police were at fault or negligent and they aren't as immune as they would have you think. If they have caused pain and suffering (including emotional suffering, they can be sued."
Anyone can be sued for anything: The question is, will the action survive summary judgment? I handle law suits against police departments and their officers on a daily basis, from the defense side. The only way this dog owner would have a good shot at getting something more than the value of the dog -- and that's iffy, at this point -- is if he can show that he was directly threatened by the discharge of the weapon, in which case he can bring a negligence claim against the officer himself, as well as against the department for failure to properly train. But, in order to prevail, the dog owner must show he suffered compensable damages; not knowing all the facts, I can;t say at this point whether he has an actionable claim in that regard. He may also consider a federal claim against the officer for civil rights violations, but that is a tough row to hoe, as the burden of proof is much greater. Again, the facts are too sketchy at this point to be able to opine more than a half-assed guess as to whether or not he has much of a chance to prevail on any action he may consider bringing.
To: ought-six
the laws of that state must be very different from the laws of my state of Ohio. We can't sue police officers or the police dept. here....we have to sue the officer's employer and that would be the City or if it would be a deputy...we have to sue the County.
186 posted on
05/04/2004 11:18:06 AM PDT by
ruoflaw
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