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  1. #1
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    Apr 2015
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    Default 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?

  2. #2
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    Nov 2013
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    Default 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.

  3. #3
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    Apr 2015
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    Default 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.

  4. #4
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    Default 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.

  5. #5
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    Apr 2015
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    Default 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.

  6. #6
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    Default 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.

  7. #7
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    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    Quote Quoting rmh8400
    View Post
    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.
    I'm sorry tony has derailed your thread, and I'm sorrier that you had to lose your pet.

    You've got to keep it realistic though. The law does not afford rights to animals (well...they do, but not house-pets). Call a couple of local attorneys in the morning.

    And my actual advice on this thread? Take everything tonynewman says and throw it out of the window. He knows as much about the law as I do about the mating habits of Galapagos penguins.

  8. #8
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    Dec 2014
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    Default 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.

  9. #9
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    Sep 2011
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    OH10
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    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    You should have called a lawyer and gotten a temporary injunction to allow a hearing. I do however agree if the dog mauled the cat to death, it is only a matter of time until a baby or small child he feels is threatening his home gets killed or mauled.

  10. #10
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    Oct 2014
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    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    There is, interestingly enough, apparently no case law regarding the application of SD statute § 40-34-1 that makes lawful the killing of a dog that is “found chasing, worrying, injuring, or killing poultry or domestic animals.” Certainly that section would shield a person from prosecution for killing a dog during the actual episode of chasing, worrying, etc. But when the attack is well over and the dog is no longer an imminent risk to any domestic animal I have my doubts that this statute would be of much help to the person who killed the dog. More significantly when it comes to the government killing the dog, the statute must be read in conjunction with the Fifth Amendment’s guarantee of due process prior to the government depriving a person of his property, and dogs are considered property under the law. The Fifth Amendment applies to state and local governments via the 14th Amendment. Here, had the police officer shot the dog sometime after the actual attack was over and at at time when the dog is not posing an immediate threat to any person or domestic animal without first giving the owner any chance at due process I think it likely that the courts would say the dog owner’s Constitutional rights had been violated. The issue here will be one of balancing the need to take prompt action to protect the public versus the right to due process the dog owner has under the Constitution. The less immediate the threat, the less likely it is that state can justify prompt destruction of the dog without affording the owner some kind of hearing or other court review first. So the exact facts of this are very important. If you wish to pursue the matter, consult some SD attorneys who practice is the area of civil rights claims and see what they have to say. The main problem that I see here that there is a possibility that what you pay a lawyer to litigate this might well exceed what you’d win, even if the court might award the payment of some of the attorney's fees to you. That’s something you’d want to discuss with the lawyer if the lawyer says you have a good claim on the merits.

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