Judge Dismisses Claim Against Grant Co. And Deputy Who Shot Dog - Spokane, North Idaho News & Weather KHQ.com

Judge Dismisses Claim Against Grant Co. And Deputy Who Shot Dog

GRANT COUNTY, Wash. -

Grant County Press Release:

EPHRATA, Wash. - The U.S. District Court for the Eastern District of Washington on April 9, in a summary judgment decision, dismissed a claim against the Grant County Sheriff's Office and one of its deputies.

The court order dismissed a claim by plaintiff Nicholas Criscuolo of Moses Lake who said Lamens and the sheriff's office violated his Fourth Amendment rights when Lamens shot and killed Criscuolo's dog, Slyder, at Neppel Landing Park in Moses Lake on Jan. 24, 2010. Lamen's and his narcotics detection K-9 dog, Maddox, were at the park assisting another deputy with a drug investigation when Slyder attacked Maddox. Lamens tried to kick Slyder away, but Slyder continued the attack, and Lamens shot Slyder while protecting Maddox.

In his claim, Criscuolo alleged that by shooting and killing Slyder, Lamens unconstitutionally seized Slyder in violation of the Fourth Amendment. Criscuolo also alleged Grant County is liable in its own right for a constitutional violation because of "a policy and/or custom and/or defective training".

In the court's decision, both Lamens' and the county's request for summary judgment were granted and the court found in favor of Lamens and the county. The court dismissed Criscuolo's claims without prejudice, which means the case is dismissed but the plaintiff is allowed to bring a new suit on the same claim.

The purpose of summary judgment is to avoid unnecessary trials when there is no dispute as to the facts before the court.

An earlier independent investigation conducted by the Chelan County Sheriff's Office found Lamens' actions were within Sheriff's Office policy.

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