Q: Can I sue animal services for holding my male dog and not letting me visit?
I have two dogs that got out together one of my dogs bit and injured a small dog, I take full responsibility for her actions. This happened while I was out of town for the day. I already paid the vet bill. The problem is animal services took both of my dogs even though my friend was able to get my dogs into my house. Now they are holding both of my dogs even though my male did nothing and is a calm great dog. They have had him for 4 nights and are not even letting me visit because the director is out of town. I feel they should be holding the female and letting my take my male dog home. He is my companion animal and I am very upset about how they are handling this situation. They are showing no care about my situation and I feel they are holding the male wrongfully. Also, neighbors and the dog owner of the attacked dog is willing to confirm the male was loose but not dangering any animal nor human. Can I sue?
A: You can always sue; the question is whether or not you will be successful. By the time you start a lawsuit, the director will most likely be back in town. I would recommend you have an attorney write a letter to the shelter to have them release the dog to you.
A: You cannot successfully sue animal law enforcement for impounding your dogs to investigate charges that they are dangerous dogs. Such a suit will be dismissed under governmental immunity principles and you will likely owe the other party its attorney fees for bringing the action. There are likely impound procedures in place and a way of asking the court to release your dogs. If you were given NO opportunity to get your dogs out of impound, there could be a civil rights claim for violation of due process and the 4th amendment, but there is not enough information here.
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