Cop kills pit bull: Court rules in favor of family

[Miakoda]

Court affirms ruling for family whose dog was shot
Posted 9/3/2009 10:40 AM ET E-mail | Save | Print



NASHVILLE, Tenn. (AP) — A federal appeals court has upheld a ruling in favor of a family whose dog was shot by a police officer in Cookeville during a 2003 traffic stop.

The 6th Circuit Court of Appeals in a ruling released Thursday denied an appeal by David Bush, a Tennessee Highway Patrol officer who was found guilty of excessive force when restraining driver James Smoak.

While the family was ordered to kneel on the highway shoulder, their dog escaped from the vehicle through an open door.

Cookeville police officer Eric Hall shot the 55-pound mixed breed pit bull, which could be seen wagging its tail in the video. Hall said he thought the dog was about to attack.

A federal jury in 2008 awarded the family $9,000 in compensatory damages and $192,000 in attorney's fees. The Smoaks settled with the city of Cookeville for $77,500 in a separate lawsuit.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

[Groch]

Glad for the ruling, but....

$9,000 for the injured party and $192,000 for the lawyers...seems about par for the course.

The appeals process probably ate up the $9,000 right quick.

[Renee750il]

In the original video you could hear the family pleading with the cop to shut the car door so their dog wouldn't get out. The sonofabitch laughed at them. You could hear it on the tape.

[Ridgeback Guy]

Was the cop fired?

[youhavenoidea]

I hope so. What a dick.

Sometimes they (cops) have to make tough decisions, and sometimes a dog can be a weapon, but it shouldn't be a free for all, nor should taking action against a dog be taken lightly.

My boyfriend had to shoot and kill a pittie on duty once. The difference is, that dog attacked his partner. And he still remembers that dog's name, to this day.

[Renee750il]

Originally Posted by Ridgeback Guy

Was the cop fired?

Last I heard he was run out of town. I've worked on cases in that jurisdiction. People there aren't too tolerant of that kind of crap. Lots of death threats, harassing calls to his home and the police department . . . It's the kind of place where some of those people making threats are really making promises.

[Ridgeback Guy]

Well, at least he had some repercussions! Though, probably nothing compared to what he deserved!!!

[Renee750il]

Apparently his wife kicked him out and his kids wouldn't have anything to do with him either. Don't know how much of that's true, but that's the courthouse gossip.

[Pops2]

if you lose your job and cost your last department a lot of money in a lawsuit, it's real hard to get hired on by another department.

[Renee750il]

Dude may be lucky to get a job as a mall cop.