Texas Court Dismisses Lawsuit Against Officer Who Shot Dog

By Matt Green

Published on August 25, 2005

On Aug. 11, the court denied compensation for mental anguish and loss of property to Billy and Ginger Mann. The couple sued Stagecoach Police Officer Michael Wethington for shooting their dog in 2002.

On Jan. 23, 2002, Wethington was the first officer to arrive at the scene of a dog attack at the Manns' residence. He found a girl with bite wounds on her arm and leg. He left the girl with a woman, who locked herself and the child in a room.

Stagecoach police didn't have jurisdiction in this neighborhood. Only Montgomery County's Sheriff's Department did, but its deputies hadn't arrived.

Wethington searched for the dog, finding it in the backyard. It growled and charged at Wethington. He fired a single shot, killing it.

The trial court dismissed the Manns' claims for damages, except for the price of the dog. Officer Wethington then asked District Court Judge Kathleen Hamilton to dismiss the remaining issue in the lawsuit, but she refused to.

Last year, Wethington appealed this decision to the 9th District Court of Appeals, which agreed with him. The court said, because Wethington was dispatched in an emergency situation, his duty as an officer continued beyond the boundaries of jurisdiction.

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