Past Cases

Example Dangerous Dog Citation and Designation Cases

As you can see by the following examples, in many instances, owners/guardians of animals are entirely unaware that anything has occurred with their pet. They only “informed” when a citation or dangerous dog declaration arrives in the mail days, or even weeks, after the fact. At that point, they are then faced with proving the situation did not occur. In each of the cases described below, the dogs represented by the Law Office of Elizabeth L. Elliott returned to live with their families.

Dog Approaching a Human in a Menacing Fashion

German Shepherd – In 2006, a German Shepherd was accused of running out of his house and chasing a postal delivery person into his van. The City of Seattle issued citations to his owner for a dog displaying a menacing behavior under SMC 9.25.084(G)(2) and a dog running at large under SMC 9.25.084(A). The German Shepherd’s owner/guardian hired the Law Office of Elizabeth Lorraine Elliott to appeal the citations. All charges were dismissed.

Three Giant Schnauzers – In August 2007, a caretaker for three Giant Schnauzers took them to a Seattle park. While there they encountered two human adults and a child. Later, in the third week of September, the caretaker received three citations for allowing a dog off leash in a park under SMC 18.12.08(A) and three citations for permitting a dog, when unprovoked, to approach a human in a menacing fashion under SMC 9.25.084(G)(2). The adults that the caretaker had seen had filed reports with Seattle Animal Control. They complained that the three Giant Schnauzers had charged them in the park and barked at them aggressively. The caretaker hired the Law Office of Elizabeth L. Elliott to represent her in the appeal of the citations. After negotiations with the City of Seattle, Ms. Elliott succeeding in getting two of the citations for permitting a dog, when unprovoked, to approach a human in a menacing fashion under SMC 9.25.084(G)(2) dismissed.

Dog Biting a Domestic Animal

Chow Mix – In September 2009, a Chow mixed breed dog ran out the door of his house to greet a dog walking past on the sidewalk. The owner of the other dog accused the Chow of biting her dog. She reported the Chow to Seattle Animal Control. The owners/guardians of the Chow received citations for permitting a dog to bite a domestic animal under SMC 9.25.084(G)(1); permitting a dog to run off leash under SMC 9.25.084(A); failing to license under SMC 2.25.080(A); and failing to vaccinate for rabies under SMC 9.25.049(I). The owners of the Chow retained Lorrie Elliott to represent them in the appeal of these citations. The citations for permitting a dog to bite a domestic animal; failure to license; and failure to vaccinate were dismissed.

Dangerous Dog Declaration for Inflicting Severe Injury on a Human Being

Red Heeler – In January 2008, an altercation occurred between a Red Heeler and a Schnauzer/Pug Mix resulting in an injury to the owner of the Schnauzer/Pug Mix. The Red Heeler was declared a dangerous dog by Thurston County for inflicting severe injury on a human being without provocation on public or private property. (TCC 9.10.070(B)(2)(a)). The owners of the Red Heeler retained the Lorrie Elliott to represent them to appeal the Dangerous Dog Designation.  Ms. Elliott presented evidence that the Red Heeler could not have inflicted the bite suffered by the owner of the Schnauzer/Pug Mix. The County determined that the “victim” did not present proof beyond a reasonable doubt that the Red Heeler inflicted the injury that she suffered. There was evidence of a history of aggressive behavior. The dangerous dog designation was rescinded and a Potentially Dangerous Dog Designation imposed. The County imposed limited restrictions on the Red Heeler. It granted the owners the right to have the designation reviewed in two years.

Potentially Dangerous Dog Declaration for Inflicting Bites on a Domestic Animal

            German Shepherd Mix – In 2006, a Jack Russell Terrier was brutally attacked by a pack of dogs. Two owners received potentially dangerous dog declarations and nuisance dog citations. One owner appealed the potentially dangerous dog designation issued under RCW 16.08.070(1). That person owned a German Shepherd Mix that was involved in the attack. The owners of the severely injured Jack Russell Terrier hired the Law Office of Elizabeth Lorraine Elliott to represent them at the appeal hearing. Ms. Elliott successfully assisted them in presenting their testimony and she persuasively argued that the potentially dangerous dog designation was appropriate. The King County Board of Appeals upheld the potentially dangerous dog declaration.

Potentially Dangerous Dog Declaration for Killing Livestock

Retrievers – In April 2009, a Golden Retriever and a Black Retriever Mix got out of their backyard in Lake Stevens. Although their owners/guardians were still not home, the Retrievers returned to their yard later in the day. Several days later their owners/guardians received two citations for dogs running at large and two potentially dangerous dog citations under LSMC 5.28.040. The Retrievers had allegedly killed chickens belonging to a neighbor. The owners retained the Law Office of Elizabeth L. Elliott to appeal the Potentially Dangerous Dog Citations. After hearing on the matter, the Potentially Dangerous Dog Designation for the Golden Retriever was removed. The Golden Retriever was allowed to live restriction free in the City of Lake Stevens. Limited conditions were imposed on the Black Retriever Mix.

Siberian Husky – In 2009, a Siberian Husky was declared a dangerous dog by the Dupont Police Department after allegedly killing a cat. The Husky and his owners were represented by the Law office of Elizabeth Lorraine Elliott in the appeal of the dangerous dog designation. After the hearing, the Chief of Police placed the Husky on a 6 months probationary period. If the Husky did not have any reported behavior violations during this period, he would not be labeled a dangerous dog. The Husky successfully passed this period of time and is not considered a dangerous dog. He is now happily living with his family in the City of Dupont.