Flint to pay woman $35,000 after police shot her dog while investigating report of intruder – MLive.com

FLINT, MI -- The city of Flint has agreed to settle a federal lawsuit brought against it by a woman whose dog Bailey, a 2-year-old white-black mix Labrador, was shot by police investigating a reported intruder in 2017.

The City Council approved the settlement earlier this month, ending the case brought by Kristen Wells, a former teacher, chaplain, therapist, and counselor of wounded veterans who was living in a group home on Commonwealth Drive on the citys east side at the time of the shooting.

In her U.S. District Court lawsuit, Wells said Bailey survived for four days after the shooting, enduring surgery, blood transfusions and spending time on a respirator, and Wells accumulated more than $19,000 in veterinary bills trying to save her pet.

Bailey was a calm, well-trained, friendly dog and had never indicated any sort of aggressive and/or violent tendencies, even in eventful situations, according to the lawsuit. Labradors are generally smart, non-aggressive, friendly dogs lacking any violent tendencies and Bailey was no different.

Jim Rasor, the attorney representing Wells, said his client hopes the settlement leads to greater training for police about dealing with dogs at a potential crime scene.

In this case, there was no risk, in our opinion, to the officer whatsoever, Rasor said. This was a service animal. This was like losing a family member.

A spokesperson for the city could not be reached for comment by MLive-The Flint Journal, but the city said in an answer to the lawsuit that officer Dion Reed backed away when Wells dog started charging him with teeth bared, lips curled back, and growling.

Reed, who was also named in the lawsuit, was one of two officers dispatched to Commonwealth Drive in the early morning hours of Oct. 1, 2017, in response to a 911 report that individuals were outside Wells neighbors home, trying to open his door and banging on it, both parties agreed.

Wells was outside with Bailey in a shared backyard, according to the lawsuit, unaware of the 911 report or that police were on the property.

Wells then heard a noise in the yard and saw a brief flashlight before Bailey ran in the direction of Reed, who fired a shot into the dog, according to her complaint, which claimed the city violated her Fourth Amendment rights prohibiting the government from unreasonably destroying or seizing a citizens property.

It also claimed the city had a duty to properly hire, supervise, monitor, train, control and/or discipline officers so as not intentionally violate the constitutional rights of individuals with respect to interacting with dogs while on duty.

In its answer to the lawsuit, the city said officers did not know Wells was in close proximity with her dog and did not have any facts upon which to assess how credible the callers (intruder) complaint was, but knows that Flint is a dangerous city, and takes calls like this one seriously.

The dog appeared subjectively ... like the dog was attacking, the court document said. (Officers did) not know anything about how well trained or violent the dog was before the incident which gives rise to this lawsuit, but the dog certainly did not behave in a well-trained, non-violent manner.

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Flint to pay woman $35,000 after police shot her dog while investigating report of intruder - MLive.com