This is a special win since the settlement is the largest ever for such a case involving a companion animal in Colorado, helping set the standard that companion animals are worth FAR MORE than just "replacement" costs. After all, how can you "replace" years of companionship, shared memories, and affection? Is there a price on that?
Chloe can now rest easier knowing that responsibility has been assessed. We will continue to battle on for others that have suffered the same fate: Bullet, Broli, Cali, Lucy, and a host of others.
Here is the news story on Chloe from Fox 31, Denver, Colorado, today.
Settlement reached in police killing of dog; May be largest in Colorado history
POSTED 12:46 PM, JANUARY 25, 2016, BY CHRIS HALSNE, UPDATED AT 01:41PM, JANUARY 25, 2016
COMMERCE CITY, Colo. — The
city of Commerce City has paid what appears to be one of the largest
financial settlement in Colorado history for the death of someone’s pet.
FOX31
Denver has confirmed the city recently paid $262,500 to the family of a
chocolate lab-mix named Chloe, shot and killed by police. The payment was part
of a settlement to avoid a federal civil court trial scheduled later this
month.
In November
2012, officers responded to a report of a dog running in a neighborhood. After
capturing Chloe with a catch pole and shooting it with a stun gun,
Officer Robert Price fired five shots at the dog, killing it.
Video of
the event was captured by a neighbor.
Price was
charged with aggravated animal cruelty but was acquitted by an
Adams County jury. Commerce City police documents, obtained by
FOX31, show internal affairs ruled Price was “within policy” when he killed the
dog.
Using the
Colorado Open Records Act, FOX31 Denver learned that in addition to the
settlement, Commerce City spent $125,227.38 in legal fees, with the city’s
out-of-pocket expense being a $50,000 deductible.
Colorado
civil law does not allow pet owners to recover losses for a pet that exceed its
face value, but recent federal court cases citing violations of the Fourth
Amendment, loss of property, have changed the landscape in pet law.