Did Elk Grove illegally seize Zeus the puppy? Dog’s lawyer asks for ‘stay of execution’

Elk Grove officials seized Zeus the German shepherd puppy illegally and without a warrant, denying the dog’s owner her due process rights as they seek to kill the animal because it has bitten two people, a lawyer for Zeus’ owner argues in court papers filed Tuesday.

Attorney Christine Kelly, who represents Zeus’ owner, Faryal Kabir, in a last-ditch effort to keep Elk Grove from putting the 15-month-old dog to death, filed an 18-page argument in federal court in Sacramento asking for a “stay of execution” while Kabir fights the city’s decision, which Kelly says “was not lawful.”

“In this case, the dog Zeus was seized and threatened with death,” Kelly wrote in a reply to the city’s filing Monday, which asked U.S. District Judge Troy L. Nunley to lift his stay forbidding the city from killing Zeus before Wednesday.

“Zeus was taken by the city of Elk Grove, which was a clear 4th Amendment violation,” Kelly wrote. “The seizure took place without a warrant. It is undisputed that the city of Elk Grove claims that warrants are not needed when it pertains to animals.”

Such a position is unconstitutional, Kelly wrote, citing a Los Angeles court ruling that declared, “The government may not take property like a thief in the night; rather, it must announce its intentions and give the property owner a chance to argue against the taking.”

“This simple rule holds regardless of whether the property in question is an Escalade or an EDAR, a Cadillac or a cart,” Kelly wrote. “In this case, Kabir was not notified that the police and animal control would appear one day early to seize her animal, when she was not in violation of her compliance requirements.

“No notice was given to inform her that police squad cars would be appearing on her property within her 30-day compliance period to seize her animal.”

Is Zeus a ‘dangerous animal’?

At issue is the city’s declaration that Zeus is a “dangerous animal” and must be euthanized after biting two people, one a man on a lunchtime walk near Zeus’ home, the other an Elk Grove police officer bitten as an animal control official was having Kabir escort her dog into a city vehicle to be taken to a cage at the city animal shelter.

Kabir has said both Zeus was “provoked” in both instances, first by the pedestrian who she says was right behind her as she was taking Zeus out of her SUV after a trip to a dog park, then by the officials who showed up to seize the dog and upset her.

City officials argue that the dog poses a danger to the public and seized the animal July 15 after declaring that Kabir had not provided proof that she was in compliance with city rules that the dog be enrolled in obedience class, had a muzzle and 3-foot leash and other requirements.

Since then, Kabir, 47, said she has been unable to visit her dog at the animal shelter, where he is being held and where the city’s animal services manager, Sarah Humlie, says Zeus is being aggressive and “barks viciously” at staffers.

Kabir, who says she has tried dropping off snacks and toys for her dog during the ordeal, made a tearful appeal to the city council to save Zeus, but the city had been expected to euthanize him last Friday.

One day before that could take place, Kelly won a temporary restraining order from Nunley that delayed the plans at least until Wednesday. Nunley noted in his six-page order that Kabir faced “irreparable harm” because of the “irreversible nature” of euthanasia.

The judge also noted that because the dog is being held at the shelter “Zeus does not pose a threat to the safety of the public.”

City officials, in their filing Monday, argued that Kelly is simply “forum shopping” by taking the case to federal court after seeking relief in Sacramento Superior Court.

Kelly rejected that stance, writing that Kabir is “seeking relief for due process violations which have not been adjudicated by any court yet.”

“There have been no decisions by the Superior Court related to the due process questions presented here,” she wrote.

This story was originally published September 27, 2022 at 12:39 PM.