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Sheriff Ordered a Family Dog to Die Without Due Process

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  • 04-16-2015, 07:37 PM
    rmh8400
    Sheriff Ordered a Family Dog to Die Without Due Process
    My question involves civil rights in the State of: South Dakota
    My local sheriff came over to my house early the next morning after my dog had broken his leash and killed a stray cat in the next door neighbor's driveway.
    He told me that my dog was vicious and had to die this very day. He told me he would come into my house and get him if I refused his order.
    There is a body camera recording of this exchange.
    My dog never bit anybody. Ever. The neighbor told the sheriff in his report that my dog had twice before bit him, but he failed to make a report. The neighbor is not telling the truth.
    My dog is dead, as per the sheriff's orders done that very day. My wife and baby live here, and the threat of violence was too much to bear - and asking for due process would likely have resulted in bad things.
    My state of South Dakota has a section 40-34-14 which defines a vicious dog as one that has bitten a human. No mention of stray cats.
    In any case, my dog was worth somewhere between $2000 or double that for, healthy puppies. He was extremely intelligent, and knew not to bite humans...but he would scare a person if they didn't have permission to be here.
    Now to add insult to injury, the sheriff told me I had to pay the vet bill to kill Buddy or he would sue me.
    it seems to me, no dog is safe if a mere allegation of biting is sufficient to have a dog killed the next day without so much as a single hearing before a judge or at least some sort of process.
    Am I wrong here? How to get restitution from a county government?
  • 04-16-2015, 07:50 PM
    geek
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    I'm sorry about your dog, but you admitted that it mauled a cat on the neighbor's property.

    According to this South Dakota law, a dog that harasses or kills a domestic animal anywhere but on its owners property can be euthanized by pretty much anybody.

    http://legis.sd.gov/Statutes/Codifie...tatute=40-34-1

    I'm not sure you have much recourse but there are others who might come by and advise you otherwise.
  • 04-16-2015, 08:26 PM
    rmh8400
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    I read the section you refer to, to mean it's ok to kill immediately, no due process in order to protect your animal, on your property. Meaning, shoot it. Euthanize is a different thing, my dog was only off leash for a few minutes. Yes, he mauled a cat. We lived here for a year before the neighbors came.it was a stray cat. He was certainly safely inside my house most of the time, and certainly when the sheriff came over the next morning. My question is mainly pertaining to "due process" as the law is written and whether any of it was followed is not really even in question. In fact, I was not, even to this day given the specific law that gave the sheriff authority to sentence my dog to death at all. Thank you for the reply, eh? My baby misses his Buddy.
  • 04-16-2015, 08:37 PM
    geek
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    Quote:

    Quoting rmh8400
    View Post
    I read the section you refer to, to mean it's ok to kill immediately, no due process in order to protect your animal, on your property. Meaning, shoot it. Euthanize is a different thing, my dog was only off leash for a few minutes. Yes, he mauled a cat. We lived here for a year before the neighbors came.it was a stray cat. He was certainly safely inside my house most of the time, and certainly when the sheriff came over the next morning. My question is mainly pertaining to "due process" as the law is written and whether any of it was followed is not really even in question. In fact, I was not, even to this day given the specific law that gave the sheriff authority to sentence my dog to death at all. Thank you for the reply, eh? My baby misses his Buddy.

    Well, the dog must have been taken to a shelter (pound) to be put down. What did the shelter say when you called them?

    by the way, by euthanized I meant kill. That's what you're doing when you euthanize an animal.
  • 04-16-2015, 08:47 PM
    tonynewman
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    that's how I understood it as well,, there might be a law but its not that one, here is what I would do,, tomorrow call 10 local lawyers up in your area and talk over the phone,, you can get some pretty good free advice doing that, it does not seem right to me, most police seem to be pretty heartless when it comes to peoples pets and even go out of there way to kill them on the spot, but of course your case is different.


    im going to start an organization up very soon that will help people after the police shot their pets, im not sure how or what im going to need to do yet, its just an idea i have, but im sure there are plenty of people out there willing to help with such things. sorry about buddy

    Quote:

    Quoting rmh8400
    View Post
    I read the section you refer to, to mean it's ok to kill immediately, no due process in order to protect your animal, on your property. Meaning, shoot it. Euthanize is a different thing, my dog was only off leash for a few minutes. Yes, he mauled a cat. We lived here for a year before the neighbors came.it was a stray cat. He was certainly safely inside my house most of the time, and certainly when the sheriff came over the next morning. My question is mainly pertaining to "due process" as the law is written and whether any of it was followed is not really even in question. In fact, I was not, even to this day given the specific law that gave the sheriff authority to sentence my dog to death at all. Thank you for the reply, eh? My baby misses his Buddy.

  • 04-16-2015, 08:59 PM
    rmh8400
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    I took him to the vet to avoid having my home invaded, and to avoid my poor dog being treated badly in his last few moments.

    - - - Updated - - -

    Doesn't it seem that this is a bit like allowing police to use uncorroborated statements made by anonymous witnessed, and no evidence in order to conduct a warrant less search? the sky is the limit at that point to police power.
  • 04-16-2015, 08:59 PM
    geek
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    So the sheriff or animal control didn't take the dog. You took him to your vet and had him put down?

    Your dog killed a cat and unfortunately, the quoted statute seems to support a death sentence but if I were you I'd call a few attorneys in your area and get their take. Also talk to the local municipal shelter and see what the usual procedure is.
  • 04-16-2015, 09:06 PM
    tonynewman
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    here is some info i found,, https://www.animallaw.info/article/w...ize-their-dogs

    there seems to be hearings etc that need to take place
  • 04-16-2015, 09:27 PM
    Dogmatique
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    Quote:

    Quoting tonynewman
    View Post
    here is some info i found,, https://www.animallaw.info/article/w...ize-their-dogs

    there seems to be hearings etc that need to take place


    It's an article from a law journal in case you missed that part.
  • 04-16-2015, 09:28 PM
    geek
    Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat
    Quote:

    Quoting tonynewman
    View Post
    here is some info i found,, https://www.animallaw.info/article/w...ize-their-dogs

    there seems to be hearings etc that need to take place


    Tony.

    OP needs information pertinent to their state. Most likely there are local town or county laws that apply here also.

    If OP feels rights were violated or that the sheriff circumvented the law, they should discuss with a local attorney..
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