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Dog Owner Seeks Advice On Next Steps After Emotional Support Dog Is Shot By Police, Neighbor's Dog Was Attacker

Sophia
by Sophia
27 Feb 2024

Many people facing mental health issues explore various ways to enhance their mental well-being. Among these approaches, support animals offer a source of companionship, comfort, and valuable assistance.

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Emotional support animals, in particular, hold a significant place in mental health care strategies, providing genuine support to those in need. Although these animals can make a meaningful impact on their owners' lives, there are nuances in the roles of assistance animals that may not always be fully understood.

An emotional support animal's special role is recognized through a prescription from a medical doctor as part of their owner’s mental health care regimen. Animals of various kinds and ages can qualify, provided they are well-behaved in public settings.

While dogs are commonly chosen, any species can be designated as a support animal. These animals offer comfort, alleviate loneliness, and assist individuals in coping with their challenges, fostering better daily functioning.

They are categorized differently from service dogs. Service animals receive specialized training to help individuals with recognized disabilities by performing important tasks such as detecting harmful symptoms, assisting with medications, and alerting their owners to potential dangers.

They are also taught to stay close to their owners and behave discreetly in public settings. On the other hand, support animals don't undergo this kind of training or perform treatment-related tasks.

Still, the therapeutic effects they bring are so impactful that one Quora user wanted to bring justice to the pet they lost. This is their question:

My emotional support dog did nothing wrong and wasn't being aggressive towards anyone, but the neighbor's dog jumped their fence and attacked my dog in his own yard, resulting in my dog being shot by a police officer. What can I do?

It's time for the original poster (OP) to consider suing both the neighbor and police.

Sue them. Your town has leash laws, and your neighbor's dog has to stay on their property.
As far as the cop, include them in the suit. They should have killed the aggressor, not the one being attacked.
It's time for the original poster (OP) to consider suing both the neighbor and police.
boykoimages
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It's best to consult a lawyer before initiating any legal proceedings.

Contact an attorney. You may be able to sue for damages from both the dog's owner and the police department.
Ask him if he feels that it was criminal neglect on the part of the other dog's owner, since he had a vicious dog loose. Perhaps he will have you speak with an officer for a more thorough investigation before bringing any civil lawsuit.
I may be completely wrong in this, but it never hurts to seek the attorney's advice. Good luck.
It's best to consult a lawyer before initiating any legal proceedings.
Engin_Akyurt
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One user believes the OP should take action immediately.

File a lawsuit against the neighbor and the police, and don’t wait!
One user believes the OP should take action immediately.
gettyimages
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Since dogs are considered private property, the neighbor and police have legal liabilities.

Lawyer up.
Your neighbor and the police have a lot of questions to answer.
Since dogs are considered private property, the neighbor and police have legal liabilities.
gettyimagespro
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This user would've done something worse than suing.

Are you kidding me? If this happened to me and my dog, it would be top news.
Sue the police and never let them forget what they did. That is the least you should do.
What I would do, I can’t write here.
This user would've done something worse than suing.
gettysignature
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Emotional support animals are part of mental health care, something that the OP has just lost. They need to be reimbursed.

What part of “lawsuit” can you not spell?
An emotional support dog is a pricey item, and one that’s difficult to replace. The irresponsible neighbors allowed their dog to go over their fence and attack your highly trained assistance dog.
They need to pay for another such dog and also reimburse you for the expense and inconvenience you’re suffering as a result of their animal’s attack.
Emotional support animals are part of mental health care, something that the OP has just lost. They need to be reimbursed.
nomadsoulphotos
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The OP needs to quickly study the law so they'll know their legal rights.

First things first. I am so sorry for the loss of your emotional support dog.
Since the neighbor's dog jumped the fence into your yard, the neighbor should be liable for what happened to your dog in your yard.
Animal control laws may vary in your area. Research the law.
Was your dog shot by the police officer because the officer saw your dog as aggressive, or was your dog shot to put it out of the pain it was in as an act of compassion by the police officer? I really could use more information about the entire circumstance.
Some lawyers are willing to talk with potential clients for free. It would be wise to get a free consultation and figure out your next step.
Back in the early 70s, I had a neighbor’s dog (Husky) that jumped the fence and went after my youngest son (age 2 1/2 years). My mini dachshund got between my son and the Husky and saved my son’s life.
My dachshund did not survive the encounter. Law enforcement was called, and the incident was investigated.
The neighbor and his Husky were found liable for the death of my dog. After the investigation was complete, it was discovered that the neighbor’s dog had attacked other small boys and a few men.
The neighbor’s dog was “put down” by the authorities as a dangerous animal.
Again, I am so sorry for your loss.
The OP needs to quickly study the law so they'll know their legal rights.
juchamarcin
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The police are legally responsible for shooting the support dog.

I am no lawyer, but if all the facts are true and there was no reason to shoot your support dog, and you can prove this, then get a lawyer and sue who is responsible for this uncalled-for action.
The police are legally responsible for shooting the support dog.
gettyimages
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One user doubts the story and concludes their post with what might be considered a narrow-minded statement.

What a response time your city police or county sheriff’s department must have. I was a cop for 30 years, and there was so much for us to do that responding to a dog fight would surely be pretty close to the bottom of our priorities list.
So your dog is outside, and the neighbor's dog goes over a fence to get to your dog and starts laying into him. The dog is mauling, fighting, and biting, and I would imagine your emotional support dog is fighting back, and the fur is flying. So your reaction is to call 911 because your dog is getting chewed up by the neighbor's dog, and surely preventing that sort of thing is on the list of cop activities.
It’s not. It’s really not.
As these dogs are fighting and your dog is becoming the aggressor, as he must be if he was the one chosen to be shot, you didn’t think to maybe pull your dog off the other dog? AND the now losing dog did not retreat back into his own yard? Odd, attack another dog in the other dog’s yard and stay and fight even though you are losing.
Interesting. That so goes against animal behavior.
But anyway, your dog is winning the fight, and it never occurs to you to go grab his collar, pull him off the other dog, and remove him from the fight? Hmm, okay.
So the fight goes on, making these some pretty determined fighting dogs…and it goes on and on…a 15-minute response time for this sort of thing would be pretty fast considering the low, low, low priority of this call. But I guess there was absolutely nothing going on in town at this time, and the district car decided to take the call. He pulls up and sees what? A Golden Retriever and a mutt or a Lab and a poodle…what kind of dogs are we talking about here?
Neither is a pit bull or a Rottweiler because the fight would have been over long before a cop could show up. That means they are regular dogs, and as the cop arrives, that means your dog is winning if he is the one that gets shot, and that means there is NO conversation between you two?
He drives up, gets out, sees a fight, and shoots the winning dog?
Nope.
This didn’t happen, so I’m making this part up, but if a cop were to arrive at a 15-minute-old dog fight, the dogs would have been exhausted long ago. But let’s just say for the sake of story time that the two UFC dogs are still going at it. He would, I would, any cop would ask which dog is yours when he sees that one has the upper hand…so to speak.
The upper paw. Shooting a dog that is in a fight with another dog when one of the owners is standing there is pretty close to maximum nonsense, and if by some twist of stupidity it did happen, that cop needs to be fired and the department sued. But it didn’t happen, so that is not an issue.
The cop would say, because you are too stupid to have done so, grab your dog.
Wow, fight over. Could have done that long ago.
You don’t need an emotional support dog (why doesn’t the support part deserve to be capitalized?) you need better stories.
One user doubts the story and concludes their post with what might be considered a narrow-minded statement.
gettyimages
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One user believes it's no use pushing for a legal battle, especially since the OP is already experiencing mental health issues.

So very sorry for the loss of your family member!
Why was he shot by police? You can’t bring him back! We would all love to take action against such atrocities. You might or might not win, and it would cost you lots of money in legal fees.
What was done about the neighbor's dog?
Move on, as you will only suffer more pain.
One user believes it's no use pushing for a legal battle, especially since the OP is already experiencing mental health issues.
gettyimages

All of the best advice has been given. Although it makes sense to take matters to court, the OP might not be able to handle the things involved, given their mental health condition.

Pursuing a settlement might be a more feasible option for them. The emotional benefits that the dog has brought cannot be replaced, but exploring various solutions is necessary for the OP's well-being and peace of mind.

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