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Fatal Shooting of Beloved Pet Ends in Federal Court Settlement with Brighton Police

Thursday, November 12, 2009

FOR IMMEDIATE RELEASE

CONTACT:    Kurt Holzberlein

PHONE: (303) 929-0163

Jud Spencer

PHONE: (303) 322-4355

PressContact@TheAnimalLawCenter.com

Fatal Shooting of Beloved Pet Ends in Federal Court Settlement with Brighton Police

Precedent setting case is the first of its kind in the United States and requires Brighton Police to train officers and other Denver metro police agencies on proper animal control.

 

DENVER, Colorado (November 12, 2009) – In a settlement approved by Federal Chief Judge Wiley Y. Daniel, the City of Brighton will be required to train and equip its police officers on the proper and safe handling of  animals encountered during the course of police actions. This settlement is precedent setting in that it is the first in the United States to require a municipality to ensure all police officers are trained and equipped to protect animals as it would its citizens.

“This settlement provides an extra measure of safety for all the residents of Brighton, whether they walk on two or four legs,” said Jennifer Reba Edwards, founder and attorney at The Animal Law Center, based in Wheat Ridge, Colorado. “When officers happen upon a treasured pet during any police action, they will be properly trained and equipped to restrain the animal in a humane manner without having to resort to deadly force.”

This case stems from a fatal shooting in July of 2008 when Molly, the pet dog of Brighton resident Debbie Nolan, was killed by a Brighton Police Officer, responding to a call of dogs at-large.

On the night of July 2, 2008, Debbie Nolan and her family went to bed with both of her dogs - Sage and Molly- secured in the house. However during the night and undetected by any of the family members, the dogs managed to exit the home. That same evening a neighbor of Nolan called police after confronting two dogs “at-large” on the street. The neighbor told the responding police officer that he couldn’t identify the dogs but suspected that they had come from the Nolan home. The responding officer approached the Nolan home and saw Sage and Molly on the porch. Both dogs ran toward the officer, at which time the officer fatally shot Molly.

During the prior municipal case, lawyers for The Animal Law Center was able to show that neither Sage nor Molly caused even the slightest injury or harm to the officer. A postal employee, who routinely delivers mail to the Nolan home at night, testified that the dogs were always friendly and never aggressive.

“Debbie Nolan has never allowed her dogs to run free in her neighborhood,” said Edwards. “Both dogs were very friendly animals and never had attacked anyone. In fact, the officer who responded to the Nolan home suffered no signs of attack. That includes the shoe that he forced into Molly’s mouth.”

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As a result of the settlement, the City of Brighton will now conduct training classes for all its officers on the appropriate means of handling any animal they encounter during the course of their duties. In addition, all patrol cars will be equipped with animal control devices. The city has agreed to invite officers from other jurisdictions to attend these training classes in order to share this knowledge. The City of Brighton will also donate $500 to a non-profit of Nolan’s choice. In this case, the money will go to the Animal Legal Defense Fund. Finally, both the city and Debbie Nolan have agreed to jointly signing a certificate in remembrance of her dog Molly as a commitment on the part of Nolan to work with the City of Brighton to educate police officers in the handling of animals and to educate animal owners in the proper care of their animals, to protect the interests of the citizens of Brighton.

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About The Animal Law Center:  The Animal Law Center provides an array of legal services for animal owners and guardians.  We are the only dedicated animal law practice in Colorado and are one of the few firms through the United States that practice animal-related law on a full time basis.  While individual members of The Animal Law Center hold political and ethical beliefs related to animals, the ALC considers ALL cases, regardless of a potential client’s political and ethical views. The ALC is a firm that practices law as it pertains to animals, not necessarily animal-rights law. For more information: www.theanimallawcenter.com

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