A Racine man has filed a notice of claim for damages against the Racine Police Department and a complaint with the Racine Police and Fire Commission stemming from the March 21 shooting of his dog by police officers.

Milwaukee attorney Alan Eisenberg, who is representing Raymond Smith, said officers shot the 7-month-old mixed breed puppy while executing a search warrant for the Smith home in the 2000 block of Fleetwood Drive.

In 2001, Eisenberg argued unsuccessfully before the Wisconsin Supreme Court that pet owners should be allowed to collect damages for lost companionship when their pets die through the negligence of others. The case involved the 1999 shooting of a Racine woman's dog by an off-duty Racine police officer.

This latest claim is one of four filed by Eisenberg in recent weeks for pet owners whose dogs were killed in shootings. The most recent claims include a man accusing Milwaukee police of acting recklessly when they shot his German shepherd to death in April, and a Milwaukee woman who says a police officer killed her cocker spaniel in June.

In the March shooting in Racine, Eisenberg charges that Racine officers used automatic weapons to shoot the puppy, named Lenox.

Sgt. William Macemon, spokesman for the Racine Police Department, said the dog was one of two pit bulls in the Smith home. The dog was shot after it tried to attack the officer, Macemon said. He said he couldn't comment further because of the pending legal action.

"It devastated our families," Smith said. Both dogs were friendly, and neither dog had ever had any behavior problems, he said.

When the warrant was served, Smith's 5-year-old granddaughter ran down a hallway with the family's other dog. The girl witnessed officers shooting at Lenox and is now afraid of police officers and sirens, Smith said.

Smith said that bags of spent bullets were found in the house afterward.

Eisenberg said the Smiths seek $500,000 in compensatory damages and $500,000 in punitive damages.

Reference:

Milwaukee Journal Sentinel