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  1. #1

    Default Animal Control Duties

    My question involves personal property located in the State of: Indiana

    I was told that an Animal control Officer has the ability to euthanize an animal that is in such an abused and possible bad condition. They do it to deer all the time that are on the road, but when it comes to someone's pet, it needs to be euthanized. And the ACO does not need to inform the owner what they did with the animal.

    Our local animal shelter says the animal is to be brought to them and they will determine what should be done with the animal. And the owner will be notified.
    Who is correct?

  2. #2
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    Default Re: Animal Control Duties

    Please see your other post for some pertinent comments

  3. #3
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    Default Re: Animal Control Duties

    Here's a link to the thread where this subject has been discussed to death:

    https://www.expertlaw.com/forums/sho...d.php?t=243835

  4. #4
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    Default Re: Animal Control Duties

    In your previous thread you were provided information on how to request copies of the animal welfare agency's policies on such matters. What did they say about these procedures?

  5. #5

    Default Re: Animal Control Duties

    Animal welfare agency's policy is for ACO to pick up animals and bring to them. They will contact owner, if possible. THey will make the decision as to the disposition of the animal unless the owner wants to take themselves to vet. But they freely admin that the County ACO does not bring all animals to them. He either makes the decision himself or the animals just "disappear" never to be seen again. Not even the remains.


    County says that the ACO is to follow the Indiana State Animal Laws.


    Country Sheriff's Department says that the Country ACO does what he wants to do. That he is his own authority. Not always right but that is what he does.

  6. #6
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    Default Re: Animal Control Duties

    OK, let's get to the bottom of this

    Quote Quoting labsmom5
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    Animal welfare agency's policy is for ACO to pick up animals and bring to them. They will contact owner, if possible. THey will make the decision as to the disposition of the animal unless the owner wants to take themselves to vet.
    How do you know this to be true? Are you paraphrasing what someone told you verbally, or are you referring to a written copy of their policy that is in your possession? Please scan and post a copy of all their written policies on this matter here.

    Quote Quoting labsmom5
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    But they freely admin that the County ACO does not bring all animals to them. He either makes the decision himself or the animals just "disappear" never to be seen again. Not even the remains.
    How do you know that their policy doesn't contain an exemption for cases where bringing in a seriously ill or injured animal for examination would be cruel and cause it undue suffering, and which authorized the Animal Control Officer to dispatch the animal on the spot? Again, you need to scan and post all of their policies on the matter rather than ask us to take as gospel your paraphrased repetition of what you may have been told or read.

    Quote Quoting labsmom5
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    County says that the ACO is to follow the Indiana State Animal Laws.
    Over all your repeated posts, you have yet to cite which law the Animal Control officer violated. Please cite the specific section, post a full and complete copy of it here and explain how the officer violated it. Perhaps then we can better understand your complaint.

    Quote Quoting labsmom5
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    Country Sheriff's Department says that the Country ACO does what he wants to do. That he is his own authority.
    Within government, employees traditionally have the latitude to do their job as they see fit, provided they act with department policy, the law and any orders given them by their supervisor. You have yet to articulate a specific rule, law or order this employee has violated and explain how he violated it. Instead, you have run on endlessly because you are unhappy he put an animal down. In doing so, you have implied criminality and misconduct on his part without any offer of proof whatsoever. This is a cheap shot on your part.

    It's time to put your money where your mouth is. Answer the above questions and perhaps the folks here can give you some meaningful advice. Otherwise, continue as you are and you might find yourself on the wrong end of a defamation lawsuit by the animal control officer.

  7. #7

    Default Re: Animal Control Duties

    I will get the information.

    I will get them. But as you said, this is being discussed in another thread. I believe I will confine my responses to there.

  8. #8
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    Default Re: Animal Control Duties

    Quote Quoting L-1
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    OK, let's get to the bottom of this



    How do you know this to be true? Are you paraphrasing what someone told you verbally, or are you referring to a written copy of their policy that is in your possession? Please scan and post a copy of all their written policies on this matter here.



    How do you know that their policy doesn't contain an exemption for cases where bringing in a seriously ill or injured animal for examination would be cruel and cause it undue suffering, and which authorized the Animal Control Officer to dispatch the animal on the spot? Again, you need to scan and post all of their policies on the matter rather than ask us to take as gospel your paraphrased repetition of what you may have been told or read.



    Over all your repeated posts, you have yet to cite which law the Animal Control officer violated. Please cite the specific section, post a full and complete copy of it here and explain how the officer violated it. Perhaps then we can better understand your complaint.



    Within government, employees traditionally have the latitude to do their job as they see fit, provided they act with department policy, the law and any orders given them by their supervisor. You have yet to articulate a specific rule, law or order this employee has violated and explain how he violated it. Instead, you have run on endlessly because you are unhappy he put an animal down. In doing so, you have implied criminality and misconduct on his part without any offer of proof whatsoever. This is a cheap shot on your part.

    It's time to put your money where your mouth is. Answer the above questions and perhaps the folks here can give you some meaningful advice. Otherwise, continue as you are and you might find yourself on the wrong end of a defamation lawsuit by the animal control officer.
    The animal control officer, without warning got the landlord to let him into the home. He took a dog who was under a vet's care out of the home, took the dog to the local dump, and shot the dog with a gun.

    I can guarantee that was against the law in Indiana. A vet for the animal control shelter has to make the decision whether or not to euthanize an animal and its NOT done with a gun at a dump.

    OP, I don't know where you are in Indiana, but you might want to consider seeing if the local media, or even the media in a nearby urban area would be interested in the story.

  9. #9
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    Default Re: Animal Control Duties

    Quote Quoting llworking
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    The animal control officer, without warning got the landlord to let him into the home. He took a dog who was under a vet's care out of the home, took the dog to the local dump, and shot the dog with a gun.
    How did the Animal Control Officer come to be at the home and know there was a sick animal inside? Did he divine it through his crystal ball? Is it possible the landlord called him, admitted him to the premises and on his own authority and without telling him it was someone else's dog, turned the animal overt to him for disposition? There are so many assumptions being made here attributing wrongdoing that it's troubling. I wish someone would come up with the facts.

    Quote Quoting llworking
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    I can guarantee that was against the law in Indiana. A vet for the animal control shelter has to make the decision whether or not to euthanize an animal and its NOT done with a gun at a dump.
    Again I will ask - rather than personal assurances, can someone please scan and post all of the pertinent laws governing this issue and not just the ones that have been cherry picked? I cannot imagine that as a matter of public policy, an Animal Control Officer does not have the discretion to dispatch a seriously ill or injured animal if taking them in for an evaluation would unnecessarily prolong their suffering. I am not in Indiana, but in my state it is done all the time, sometimes on the spot. My state even publishes manuals showing public officials the best spot to shoot a sick or injured animal to immediately end their suffering.

  10. #10
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    Default Re: Animal Control Duties

    I don’t think it’s a matter of whether the aco has the legal authority to put down an animal in some given circumstances. That’s likely to be allowed

    I believe it is the fact the dog was taken from her home without any knowledge, notice to the homeowner , or permission and put down.

    So, by what right did the landlord have to let the aco into the premises
    by what right did the aco take the animal
    and at what point does he determine the dog should be put down

    regardless of Ultimate outcome, I have a problem with the actions that led to the final one.

    There is a new article with input from a vet. (Actually a couple) this is the vets statement on one of them


    https://www.newsnowwarsaw.com/compla...-state-police/
    Koser admits her dog wasn’t in the best condition, but she also stands firm that her dog was not suffering – a diagnosis she claims is backed up by Public Vet nonprofit founder and veterinarian Dr. Tess Peavy.
    Koser was given Peavy’s phone number when she was initially seeking $49 to put Daisy Mae down. However, Peavy told the Times-Union, after speaking with Koser over the phone, care plans changed.
    (Note, the diagnosis was apparently performed by a video of the dog and specific pictures of the tumor provided to the vet. I’m not discounting it. Merely including that for informational purposes)

    The dog was doing well except for a huge, massive tumor on its abdomen,” Peavy said. “It was probably a mammary tumor, but we never got that far.”
    Peavy said instead of giving Koser $49 to euthanize the dog, she actually raised funds for the tumor surgery and was set to perform the exam early this month.


    i can say I had a dog with a similar sounding tumor. It grew quite rapidly and required surgery. It was cancerous but even with no adjunct therapy (none prescribed) she lived for years after that with no issues involving the tumor.


    personally given the vets statement and the presumption the dog would survive the operation, I can’t see why this isn’t at least a matter of theft.

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