Monday, August 11, 2008

Letter sent to the HSUS

Mr. Wayne Pacelle
CEO
Humane Society of the United States
2100 L Street, NW
Washington, DC
Dear Mr. Pacelle:

Thank you for releasing the recent HSUS press release concerning the need for training of police officers on how to handle animals, in response to the recent shooting of the dogs in Maryland by Prince George's Country sheriff's deputies . It was an excellent start to what might appear to be an insurmountable problem, but it is not, as the Metropolitan Police Department in Washington has recently demonstrated. Although the press release went as far as it could now, I think there are at least two other elements that the HSUS could promote along with the training recommendation.

First, the effectiveness of any training program will be diminished unless there is accountability. Accountability will result only if investigations of shootings of dogs are done by professional, independent firearms investigations teams, as they are when firearms are discharged against humans, and not a local lieutenant, as is the case in DC, even if people were present or even holding the dog when it was shot. If an officer knows he or she will not be held accountable for shooting a dog, any training is almost superfluous. Also, officers who, say, fear dogs, will not get the necessary phobia-therapy they need for their own safety and the safety of nearby citizens if a thorough investigation is not conducted and appropriate remedial actions indicated.


Second, police jurisdictions should issue a comprehensive general order on matters concerning handling animals, dogs in particular. My guess is that animals are rarely mentioned in the general orders, even though police encounter them every day. For instance, from my count, there are only about five sentences concerning the handling of dogs by police among the 1200 general orders in DC, and some of them are wrong in my opinion. For instance, in a recent civil trial of an officer in DC for shooting a dog, the city's attorney stated bluntly that the general order s say that officers are not required to follow the Use of Force Continuum when it comes to dogs. However, several of the senior DC police officers with whom I have spoken disagree with that and say that they are required to. The general order s should also stress that officers who shoot dogs needlessly may be prosecuted for animal cruelty or may be civilly liable for unreasonable 4th Amendment seizures , although I admit that a conflict among the various federal circuits remains to be resolved by the Supreme Court for that to be the law of the land. But it will not become the law of the land unless the courts get a chance to decide and review the individual cases.

In addition to the above, since most of the shootings of dogs by police officers of which I am aware occur in the poorer sections of town, it would also be helpful if the HSUS --- among other organizations --- could take a more active role in promoting the idea of securing pro bono attorneys for those individuals whose dogs are needlessly shot by police, but do not have the means to pursue protracted and expensive civil cases against them. If accountability is not called for in any needless shooting, it will be enforced nowhere, even in districts where those whose dogs are needlessly shot can afford lawyers.


I hope that this is helpful for your efforts in the future.

Again, thank for the press release, and for HSUS's issuing it in the first place. And keep up the good work you do for the animals.

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