# Couple sues Humane Society over GSD's death



## gslore (Dec 29, 2008)

This couple returned from vacation to find out that their GSD had been euthanized by the local humane society:

http://www.wsbt.com/news/local/38835467.html

While I feel for the couple, 3 things about the situation do not sit well with me at all.

1) If I knew I was going to be gone for a few days, I would never leave my dog chained up outside. Especially if I lived in a snowy climate. I would ask a family member to house/dog sit, hire an in home dog sitter, or board her. 

2) I would check in with whomever I had appointed to look after my dog. A neighbor had the dog for four days and the shelter held him for 3. I wonder if the brother ever checked on him as the couple didn't know he was even missing until they returned home. 

3) His identification collar was not on him when he was relinquished to the shelter, but a microchip or tattoo could have easily identified him as someone's pet. I had my dog microchipped almost immediately after bringing her home.

While I do think the shelter should have held him for more than 3 days, I feel that the owners should have been more responsible dog owners.

Interested to hear what you think.


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## DianaM (Jan 5, 2006)

What do I think..... hmmm.....

I think that the OWNERS were negligent for leaving a dog on a tie-out completely unsupervised for most of the days in the dead of winter. The neighbor was a good soul who did his best and the humane society is not at fault either; they do what they can and they held the dog for the minimum. They had no idea if this dog was owned or if it were a stray because the dog was not chipped. 

The owners are idiots and the dog paid the price. If the jury are collectively stupid, then the HS will pay the price too and the owners will be rewarded for neglecting a dog. I hope the judge laughs in the faces of the owners.


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## Brightelf (Sep 5, 2001)

I agree with Diana. The owners didn't bother to board the dog at a licensed facility. Leaving him alone, on a chain, outside, unattended.. with someone just coming to refresh food and water once in a while? That's not how I would treat a "family member." The owners were not behaving responsibly. Kudos to the Humane Society (who DOES have issues of space! Three other dogs could have all come in the same day this one did!) and the neighbor for doing all that they could. The owners need to take responsibility for their negligence.


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## skyizzy (Apr 15, 2008)

Some people always have to blame others for their stupidity.


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## Kayos and Havoc (Oct 17, 2002)

The issue is very sad and once again the dog lost. I feel for the family, I truly do, but Bear had no ID, no chip. 

I know the family probably really did love Bear but not enough to take him to a boarding keenel or have thier son take him at the earliest possible time. I have to agree with the Humane officer, what does it say about them to leave their best buddy chained to a dog house for days in sub zero temps?

I do not think the family will win this one. 

RIP Bear.


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## Winkin (Feb 21, 2007)

> Originally Posted By: KathyWI know the family probably really did love Bear but not enough to take him to a boarding keenel or have thier son take him at the earliest possible time.


Agreed.

They loved him - but love is not a substitute for ignorance and stupidity.


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## weber1b (Nov 30, 2008)

The sad thing is they probably won't see that they did anything wrong and will do it all over again. Hopefully they will learn, but.........


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## MTAussie (Dec 9, 2007)

What a sad story. Unfortunately, so many are totally out of touch with how shelters work and the number of animals put to sleep. I agree that leaving Bear outside chained was negligent. Why didn't the person who was supposed to be taking care of him let them know? Maybe because there wasn't anyone taking care of him? Accidents happen, I know this especially after losing Alex. And even though you are angry, there is no one to blame but yourself for not taking percautions such as tags or microchips.
I think the family is just grieving, but they can't win this in my opinion.


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## Timber1 (May 19, 2007)

The Messer's or whatever their name is should be prosecuted for animal abuse. 

I could never leave any of my three out in cold weather for even a day. Even if I left for a long period, I would worry about my guys getting out of their kennel, Etc. And not even a tag, or any other way to identify the dog. 

At an absolute minimum, I would have left the dog in the house, not outside. However, I do not understand why the dog was not taken with them. Or boarded with a reputable kennel. There are plenty of pet friendly motels, and one dog would do just fine.

It is unfortunate the humane society did not advertise the dog for adoption or place the dog with a rescue.

However, I am disgusted with Steve and Melissa, stupid is the correct twerm for them, being nice.


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## selzer (May 7, 2005)

I had to leave to go to the hospital yesterday at 5:30AM. Dad was driving so I spent the night at his house. I was not to be alone for 24 hours after the fact. 

My plan was to give everyone food, and then put them in their kennels Sunday night, then go to my parents' house. The next afternoon I would feed them again, before going back over my parents' house until I could drive again. 

Ninja, Milla, and Jenna could get in and out. Babs, Heidi, Whitney, Tori, Arwen, and Rushie were outside.

I broke out of the hospital at 11:00PM after signing a paper saying I was going against medical advice. We got to my parents' at 12:30AM, had "dinner", and went on out to my place to take care of the dogs. As I feed my lot twice a day, they missed two meals and spent two nights outside. 

They will be just fine. Dogs ARE related to wolves. Wolves go days between kills. Their metabolisms work on feast and famine. Our canine friends get plenty of feasting, but rarely do any fasting. Wolves eat snow when they cannot get water. They sleep outside too. They do just fine. If our dogs are kept inside all day and all night, staying outside would be opressive on their system. Mine are outside all day in kennels, so they have fuller coats and are accustomed to weather.

I understand that this was not a vacation. But with the proper set up, dogs CAN be left outside in this weather without problems. These are GSDs, not Salukis. They have a good double coat and can manage the elements. They are used in the heat in Iraq. They can manage temperatures at ten below zero here. 

If you chain your dog, there is ALWAYS the possibility of a broken chain. Other possible hazards include hanging, exposure due to being tangled and unable to reach their shelter, human predators, and attacks from dogs or wild animals. 

So long as the people provided someone who would feed and water the dog daily, while it is not the optimum care, I do not see anything criminal in their care of the dog. 

We on this site are crazy about our dogs. Good crazy. Is it the way dogs ought to be treated? Sure. But animal abuse is a little tough when chaining is not against the law. 

Timber1, if while your dog is loose in your home, she found a ball of yarn and figured out a way to choke on it and die, should you be charged with animal abuse? If your dog went through your window and ran in front of a truck, should you be charged with animal abuse?

While no one here will agree with me, I would rather chain a dog for ten hours than crate a dog for ten hours. At least on the chain, the dog's movements are not restricted and he can relieve himself. 

These people are ordinary dog owners. They have a dog. It lives out back. They take care of it. They do not research doggy nutrician on the internet. They do not take their dog to dog park, dog shows, or pet stores. When they go out of town, they have someone come over and feed and water the dog. They are not uncommon. It is nice that the trend in dog ownership is moving toward dogs that live in the house and people who do dog-related activities.

We do not like how they managed their dog because we are so much better at managing our own dogs. If we do not have the money to drop Sparky at a Kennel, or Aunt Matilda will not take him in for the week, we just do not go on vacation or we take him with us. 

My frustration in this incident is that the owners are not owning up to the fact that they left their dog in a situation where an equipment failure caused them to lose their dog. When the chain broke, the dog could have died any way. That he was euthanized in the shelter is sad, but not something to sue over UNLESS humane society agents removed a healthy dog from its chain and subsequently euthanized it, given that chaining is not against the law there. 

My point is that you cannot prosecute for animal abuse because they treated their dog differently than you would treat your dog. 

I do not like people to use chains, but I do not see their use as abusive simply because the dog is tied out. I think chains can be abusive: heavy chains, short chains, chains around the neck, chaining a dog and not providing adequate shelter, sustanence, or not cleaning up after the dogs making them to lie in their own fecies. I do not see the point of keeping a dog that will be constantly chained, but I do not see the point in keeping ginea pigs, hamsters, mice, birds, lizards, snakes, fish, and rabbits, though lots of people do. 

Leaving an animal for several days without having anyone feed and provide water is abusive. But I was under the impression that they did have someone coming over for this purpose.


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## barbprzyby (May 15, 2008)

I think the better thing for the Messers to do with their grief is to find a way to HELP the shelter expand their ability to help the "strays" in Bear's honor.
That to me would be the best solution of "justice for Bear".
RIP Bear


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## AbbyK9 (Oct 11, 2005)

> Quote: But with the proper set up, dogs CAN be left outside in this weather without problems. These are GSDs, not Salukis. They have a good double coat and can manage the elements. They are used in the heat in Iraq. They can manage temperatures at ten below zero here.


I will ask the obvious question.

You are assuming that the dog was used to being out in the elements. I got the impression from the article that the dog was not ordinarily left outside and that this was an exception, not the rule.

A dog that is not normally left outside, even a double-coated dog like a German Shepherd, will not be used to the temperatures. He won't have time to acclimatize like the working dogs that are overseas - most working dogs are in indoor/outdoor kennels where they go in and out, with the inside being heated (or cooled) and the outside not. They get used to the temperatures. A dog that is usually inside does not have a chance to acclimatize.

I agree, with a proper setup, a dog can be outside. Chucking the dog into the backyard and putting a chain on because they have an emergency is not a proper setup. Even if you have someone come to feed and water. 

One might also wonder - was there shelter for the dog? What provisions were there to keep water from freezing? How often was this brother supposed to come feed and water the dog? 

IMHO there may still be cause for an abuse case if there was no shelter, frozen or no water, etc.


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## DianaM (Jan 5, 2006)

> Quote: I would rather chain a dog for ten hours than crate a dog for ten hours. At least on the chain, the dog's movements are not restricted


How many dogs have died because they got strangled in their chain or knocked their water source too far away or got attacked by a stray dog? I think a lot more than dogs that died in their crates (and yes I know a few dogs have died in their crates). And what about all the dogs that broke off their tie-outs? Renji is one (thankfully how we got him), this dog in this article is another, there are many MANY more.

Selzer, you have a decent setup for your dogs. They have great shelter, they're very secure, they cannot escape nor can other animals get in. I'm sure you have chipped all your dogs as well and keep the information updated. This family left the dog on a long tie-out with apparently no supervision in VERY cold weather, plus the dog had no permanent ID. Any local vet would have boarded this dog even with short notice, and while not cheap nor ideal, the dog would likely be safe and still alive.

I understand this was an emergency but if you have a kid, you see to the kid's needs regardless of the emergency. A dog is a living creature and still has to have needs met and kept safe. This is a common sense issue and unfortunately these people just don't have enough when it comes to dogs.


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## middleofnowhere (Dec 20, 2000)

If there is no law about chaining a dog, then the man is not at fault. 
I wonder why the brother didn't follow up with locating the dog, though.
The Humane Society told the neighbor they would hold the dog for 10 days then violated that. That's pretty awful. 

While it would not be my choice to leave a dog chained outside, I wouldn't blame this situation on the owner. They had someone who was supposed to be caring for the dog. That person came up short. The HS told the nieghbor they would hold the dog for 10 days and only held it for 4. The HS came up short. It is a very sad situation and I think the owner has a case.


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## selzer (May 7, 2005)

I was not condoning the method of caring for their dog while they were away, just that he is probably not guilty of abuse. 

I think it is rather tragic. 

Yes dogs get killed being left chained. One of my pups got killed when it was left with their sister (also a GSD owner) while they went on vacation. A tie-out would have saved that pup. 

Dogs sometimes die when they are left alone in the house. Some die when they are being cared for by others. Some are lost, stolen, or die when they accompany their owners on vacation. 

Finding out that the HS said they would hold the dog for ten days really ticks me off. 

People who leave their dogs on chains should know that there are dangers in doing so. It is probably a decision they wish now they did not make.


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## pupresq (Dec 2, 2005)

> Quote:Finding out that the HS said they would hold the dog for ten days really ticks me off.


Yeah, but did they really say that? The reporter says the owners say that the neighbor said that the humane society said that. Thats a lot of he said she said. In the article the shelter seems pretty clear with its policies. So either 
1. The HS did indeed say that and then did something else
2. The HS correctly told the neighbor their policy which is 10 days for dogs with ID and 3 days for dogs whose owner is unknown and the neighbor misunderstood or lied to the owners so they wouldn't be upset with him
3. The HS correctly told the neighbor, the neighbor correctly told the owners, the owners misunderstood or are lying
4. The newspaper reported it wrong.

Number 4 may seem unlikely but pretty much every news story I've ever been interviewed for has gotten at least a couple things mixed up, so that's very possible. All the other possibilities are too. I wouldn't assume that the paper is right, the owners are right, the neighbor is right, and the HS lied without further info - at the very least a quote from the neighbor - who probably totally feels like crap and was clearly the best person in this sad story.


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## Virginia (Oct 2, 2008)

I believe the HS said their protocol is to hold the dog for 10 days if they know who the owner is. Otherwise, they hold it for 3. Ideally it would have been nice if they could have held Bear for the whole 10 days, but we all know of the space issues that humane societies constantly deal with. When they run out of space, something has to go to make space, and that's the unfortunate truth of it. There was nothing about Bear that made him more special than the next dog that he should be exempt from being euthanized. No tags, no microchip, no tattoo, nothing. 

What makes me angry is the fact that the person who was supposed to check up on the dog didn't even know the dog was gone. How often was he checking up on the dog? Furthermore, the owners actually have the gall to claim that they do not regret microchipping, now knowing that it could have saved their dog's life? How sad that a dog had to pay for his owners' negligence with his life.


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## DianaM (Jan 5, 2006)

The Humane Society had a man come in saying he picked up a stray dog. He couldn't find any owners, so he turned the dog in. The dog had no identification so he was technically a stray. The shelter's WRITTEN policies are three days hold for a stray, 10 for a dog with a known identity. 

I don't see how the shelter could possibly be at fault here, but stranger things have happened and stranger lawsuits were won in court.


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## MustLoveGSDs (Oct 31, 2008)

Shoulda, woulda, coulda...


I can only hope the negligent owners of the innocent dog have learned a good hard lesson, for the sake of their next pet and their conscience.


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## Riley's Mom (Jun 7, 2007)

There's a lot of posts here, didn't read them all word for word. There is definitely fault on both sides of this issue, but smack dab in the middle of things is the phantom brother. Where the heck was he in all of this? If someone asks me to feed/water/watch their dog - "hello? It's dinner time, hmmmm, now where's that dog at?" What, the dog's not there so he leaves, never to return or what? Something hokey about the store right there.

I think some of us are missing the fact that these people suffered two human tragedies that took them away from home to begin with. People don't always function properly when something like that happens. They apparently thought the brother was responsible enough to take care of things and he proved them wrong in the worst way possible.

The owners screwed up by not taking the proper precautions such as collar & tags etc and for leaving the dog outside. "I don't believe in microchipping" doesn't sit right with me. That to me is the voice of someone that either can't afford it or doesn't want to fork out the money for it.

The humane society jumped the gun. That was way to soon to euth a dog that they even said was most definitely someone's pet. They need to get some backups in place, such as rescues, foster homes etc for situations like this. 

But I still find the brother the biggest blame here. His active presence in this whole thing they way he SHOULD have been .. this never would have happened. Someone asks me to take care of their pets, I'm just as responsible for their pets as I am my own.


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## barbprzyby (May 15, 2008)

> Originally Posted By: Riley's Mom
> 
> But I still find the brother the biggest blame here. His active presence in this whole thing they way he SHOULD have been .. this never would have happened. Someone asks me to take care of their pets, I'm just as responsible for their pets as I am my own.


I agree.
Reading an article does not equal knowing the total situation and reveal everything there is to know about all involved. 
But if I had to choose blame from just reading the article the brother wins my vote too.
Perhaps there were circumstances that would explain his negligence but responsibility entrusted to him for a dependent family pet is all his.


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## selzer (May 7, 2005)

My dogs are chipped at two because I get them ofa'd, otherwise I would not chip. I have heard too many possible issues with the current chips, tumors at the site, etc. It is a foreign body in the dog. 

Since the chip is in there, I register it. 

I do not tatoo because I am under the impression that tattoos are not used for identification purposes in shelters -- hard or impossible to figure out how to track down the owners. 

When my dogs are at home, they do not wear collars. Collars can be dangerous in crates and kennels. When I go out of my home with them I put a collar on them. This is a risk because if my dogs worked out of their kennel and then the fenced yard, people out my way might shoot the dog as a stray without a collar and tags. It is a risk I choose to take considering how many safeguards would need to be breeched. Chances are in all of that the collar may be lost or hung up on something and tragedy would be anyway. 

Sad situation for everyone. The brother ought to be kicked. I agree that what was said by the humane society to the neighbor may have been totally misunderstood.


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## Timber1 (May 19, 2007)

Selzer, I have three, not eight and cannot imagine what it is like to care for so many.

I understand your points, but respectfully disagree. The weather is likely not an issue. I notice my Shepherds are more hardy then my son's labs. However, leaving a dog outside when it could break the chain, get horribly tangled, or just suffer from severe anxiety is not good ownership. As I mentioned, if I was in the OP's situation I would worry and never do it. I do rescue, and bought a kennel for my dogs, about 200 square feet and five feet high. Darn, if one of my rescues didn't climb over the thing. So I am a bit paranoid about leaving my dogs aside when I am not home. 

More importantly, this dog would be alive if these people simply had some type of identification on the collar. What happened to this dog is quite different then an animal jumping through a window and getting hit by a car, and the other situations you mentioned.

Not even an ID on the dog, and they blame the humane society, gimme a break.

Heathwise, I hope things are going well for you.


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## selzer (May 7, 2005)

Timber, each of my dogs have a kennel for themselves. The kennels are six foot high with fencing over the top and a concrete base -- all there to keep them safe. I do not like to kennel dogs(mine are mostly bitches) together, except for puppies because something could happen and I would not be there to break it up. 

My brothers GSD went through my window three times. Three separate times. Luckily the window she chose to violate was the one that went into the back yard which had horse fence around it. So she never got truly loose. If she had chosen to go through the front window, the dog would probably be just as dead as the dog in this thread. 

Hindsight is twenty-twenty. If I had just one house dog and had to fly out tonight, if I had never boarded the dog and did not have the required bordetella vaccine given in the proper time, if my vet was closed (though I probably would not even have considered the vet), I do not know what I would have done with the dog. I would definitely make sure the dog had some kind of shelter. While I do not advocate chains, and know that they can be dangerous, at the same time, the vast majority of chained dogs have never strangled to death on their chains. Breaking chains is a part of the game. Putting a dog on a chain that has never been chained is risky becuase you just don't know how they will be, if the chain will hold them, etc. 

Perhaps these people did what they felt they needed to do at the spur of the moment.


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## ninhar (Mar 22, 2003)

> Quote: More importantly, this dog would be alive if these people simply had some type of identification on the collar. What happened to this dog is quite different then an animal jumping through a window and getting hit by a car, and the other situations you mentioned.
> 
> Not even an ID on the dog, and they blame the humane society, gimme a break.


I agree. It was easiest to blame the humane society, when the owners and the brother shared 100% of the fault.


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## selzer (May 7, 2005)

Thanks Timber. Healthwise, I am doing much better. I feel like I had a fight with a Mac Truck, but otherwise everything is functioning. 

I am really very fortunate to live so close to my folks and several of my brothers. They do help me when I need to be gone for whatever reason. I average about two nights per year where I need someone to go over and take care of my critters for one reason or another. Family gatherings are ok, because they happen right around here -- within five miles, and I can leave and come back with no trouble. 

I would be in deep doo doo if I did stay away longer than one or two nights. I ask them to feed and water, but do not ask them to clean poop. Poop gets cleaned daily, otherwise poop gets out of hand fast. I am not sure what my doctor would have said if she knew that I was out there breaking frozen poop out of my kennels today. Carrying water buckets, and hanging on to the fences so I do not fall on the ice. I just could see no way around it.


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## selzer (May 7, 2005)

Yeah, I think that there is way too much blaming going on. I would blame the brother. If my brother did not KNOW my dog was missing, he might end up missing. 

The dog would be just as dead if it ran in front of a car, and then who could they blame. 

Our shelter can kill owner turn-ins on the same day, but I think they give a stray five days. If there is a license, the dog gets two weeks to be reclaimed.


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## AbbyK9 (Oct 11, 2005)

> Quote:If there is a license, the dog gets two weeks to be reclaimed.


This sentence just reminded me of something.

In my county, and in many other parts of the United States, the law requires dog owners to have a current annual license on the dog's collar at all times when the dog is outside of the owner's immediate property. In my county, it's a $500 fine if your dog is picked up by Animal Control and does not have a license displayed on its collar - so if you went to claim your dog, you would have to pay a fine for not having the license on the collar, and you would probably have to pay to reclaim your dog.

Not to mention that a license would have saved the dog's life. If they even kept a current license for the dog, anyway.


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## BLK GSD (Mar 19, 2004)

i live 5 min. from Elkhart. i saw this story on the tv news. they showed where the dog was kept outside. these poeple where gone 7 days. they said this happened January. the area this dog was kept in had fresh straw and there was a boul of dog food out there. was very open area no buildings or trees or bush around to block the wind. we have had so much snow here. this area looked to fresh and there wasnt any snow in the food or the straw. they where using a plastic dog crate(the ones that look like carrying crates) all we have had was snow and temps -30 degree wind chill temperatures. this looked staged for the news cameras. The neighbor has the dog for four days and the shelter for three, sounds like the brother never checked on the dog. why didnt the brother call HS or brother about the dog getting lose. the area here is very stressed with job lose (RV's layoffs). iam not saying they did this on purpose but are they turing their loss of the pet into a money gain? just something funny about this story. even through i feel the owners where cruel to live there dog outside there wasnt any laws broke per elkhart. but they are the negligent party here. check out the video from the news station. video of first time is was on the news


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## BLK GSD (Mar 19, 2004)

heres the elkharts paper article http://www.etruth.com/Know/News/Story.aspx?ID=474357


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