By Kate White
A lawsuit filed against the West Virginia State Police this week alleges a Wood County woman was the subject of malicious prosecution after she stepped in front of a trooper as he was about to shoot her dog.
The lawsuit, filed in federal court in Charleston, also claims that the State Police has insufficient training when it comes to interacting with dogs. The Animal Legal Defense Fund, a national nonprofit animal rights group, announced the lawsuit in a news release Wednesday. The group is working with the national sheriff's department to try to make canine encounter training mandatory, the release states.
Tiffanie Hupp, 23, of Waverly, was acquitted of misdemeanor obstruction last year after a jury trial in Wood County Magistrate Court. State Police Trooper Seth Cook filed the obstruction charge against Hupp after she stopped the trooper from shooting her dog "Buddy" in front of her three-year-old son.
Buddy, a Labrador-husky mix, who, Hupp previously told the Gazette-Mail, "is a big baby," was tethered to a tree and posed no threat to Cook, according to the lawsuit.
"At trial, Cook testified that his decision to shoot a dog, who did not pose any threat to him, was based on his training," the release from the animal rights group states. "This training has led to the deaths of at least 15 dogs in the state between 2010 and 2014, all killed by West Virginia State Police officers."
The incident was captured on video by Hupp's husband, Ryan. It gained national attention after the couple posted it online.
Hupp's stepfather, Clifford Myers, called 911 and requested police assistance after he had been arguing with his neighbor. Cook and his partner Trooper S.S. Michael arrived at Myers' house, which is located at 2395 Carpenter Run Road. After conducting interviews, he determined no arrests needed to be made over the dispute between neighbors.
Before the troopers left, the lawsuit states, Cook walked toward Myers' house, where Hupp and her toddler were in the front yard playing.
"As Defendant Cook walked towards the house, Mr. Myers' dog, named Buddy, barked at him," the complaint states. Cook testified at Hupp's trial that he wasn't afraid of the dog "because it couldn't reach him." Buddy was tied up and never within two feet of Cook, according to the complaint.
Nevertheless, Cook drew his weapon and pointed it at Buddy's head, the lawsuit claims. The trooper placed his finger on the gun's trigger. He testified, according to the lawsuit, that "he was following his training that mandates that he shoot any dog that approaches him."
"Control your dog now," Cook told Hupp, according to the lawsuit. Hupp ran toward the dog while saying "Don't do that," the lawsuit states.
Besides fearing for the dog's safety, Hupp feared her 3-year-old son would experience long-term psychological harm if he witnessed Cook shoot the family dog.
"Although Ms. Hupp may well have saved the dog's life, she was not entirely able to spare her son from trauma," the lawsuit claims, as Cook grabbed her, threw her to the ground, pushed her against the police car and arrested her.
Since the incident, Hupp's son has been afraid of police, according to the lawsuit. Hupp is suing, in part, to be able to pay for his psychiatric treatment. The lawsuit asks that the plaintiffs be awarded punitive damages.
Hupp, her son, and Myers, who are plaintiffs in the lawsuit, are suing, in addition to the State Police, Cook and now-former State Police superintendent Col. Jay Smithers. The case is assigned to U.S. District Judge Thomas Johnston.
State Police spokesman Lt. Michael Baylous told the Gazette-Mail on Thursday that the agency "is not at liberty to comment on pending litigation."
Animal Legal Defense Fund Executive Director Stephen Wells said in the news release that police should be given the tools to be able to interact with dogs without having to use lethal force.
"Police shooting dogs is a preventable tragedy in most situations," Wells said in a statement.
The lawsuit alleges excessive force, unlawful arrest and unlawful search and seizure-violations of the Fourth and 14th Amendments-malicious prosecution and negligent training of a police officer-in violation of West Virginia law-and the intentional infliction of emotional distress, battery and slander.
The Animal Legal Defense Fund is joined by University of Denver professors and lawyers John Campbell and Justin Marceau. Charleston lawyer David Schles, who represented Hupp at trial, also is one of the lawyers representing her in the lawsuit.
"It shocks the conscience that police would arrest and prosecutors would seek to incarcerate a woman who did nothing other than protect a dog from being illegally shot," Campbell said in the release.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.