I'm sorry you lost your pet and companion, Mr. Heath.
I agree with Smedley that a lawsuit requires a knowledgeable personal attorney... A law stating the officer has the right to use lethal force if he "feels" threatened is subjective to the individual officer, and probably hard to combat.
Please keep in mind that current conditions across our country in recent years have been so threatening to the health and well being of all law officers, with daily reports of deliberate attacks and literal ambushes against them, they must, in order to survive, be in "a hair trigger" state of mind.
Whether or not the Deputy Sheriff had reasonable fears of injury probably depends on the size and breed of your dog, also, assuming your yard was not fenced, and the dog was aggressively running toward the officer, and was not under your voice command.(?)
I just did a search: "Are There Leash Laws in Flagler County, Florida?" - with the following results:
"Dogs 4 months and older must be licensed and wear a tag.
There are no state-mandated leash laws in Florida. Instead, they default to the county government. The decision to regulate dog restraint or control is left to the county or city government. Leash laws and regulations help keep dogs under control. You should be aware of your county's regulations, but the Florida Animal Control Association strongly feels that there is no reason to allow pets to roam without a leash."
https://teacherscollegesj.org › is-there-a-dog-leash-law-in-florida
https://xanadupets.com › animal-ordinances-flagler-countyAnimal Ordinances in Flagler County, Palm Coast ...
"The county-wide leash laws are waived here in some cases - specifically for working dogs used to manage livestock or for hunting, with all other pets strictly prohibited from roaming outside of their owner's property. There are also ordinances in place to protect mounts (such as horses and mules) and their riders."
https://www.woodatter.com › personal-injury-attorneys › florida-dog-leash-laws-county-by-county
Florida Dog Bite Lawyer & Dog Leash Laws - County by County
In Florida, there is no state mandated leash law in effect. The decision to regulate dog restraint or control is left to the county or city government. Leash laws and regulations help keep dogs under control. With proper restraints and controls, injuries to children, adults, and, yes, other pets can be reduced or prevented.
https://www.harrellandharrell.com › cat-dog-bites › florida-leash-laws-dog-bite-laws
Florida Leash Laws and Dog Bite Laws | Dog Bite Attorney
"Section 767.04 of the Florida Statutes makes it clear that "the owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners."
MrHeith wrote:
This is my first post on this site. I have read it daily for several years and love it.
I am posting to inform ALL readers of what I feel is an abuse of power.
Last Friday evening, Flagler count Sheffifs Deputys accompanied a prior tenant (SQUATTER) to the house that I own and currently live in. The purpose was to inquire if as to if I was in possession of any mail that belonged to them.
They vacated the property in August of 2022.
When the deputy announced himself from the street, my 7 year old companion dog ran out of the house baying/barking ( he was a hound dog) investigate and the deputy claims he was concerned for his personal safety and shot and killed my pet. He was approximately 40 to 50 ft away, still on my property, and has NEVER been aggressive EVER.
Even though the deputy has pepper spray and a taser available, their policy is if the deputy can articulate (claim) that they feel threatened then it's ok to kill the animal. I don't believe that I have ever heard of a law enforcement officer ever being seriously injured or killed by a property owner's pet, yet their policy gives them permission to kill any animal that might give them concern. Laws need to be passed to STOP this abuse of power.
In my case, a law suite is coming against them, but it is very hard to find an attorney willing to accept a case of this nature due to lack of precedent.
If anyone on this site has any good advice or knows any animal rights agencies that I can get involved with this issue, please let me know.
This is my first post on this site. I have read it... (
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