New lawsuit seeks to spare Zeus the German shepherd from being killed by Elk Grove
A new lawsuit has been filed in a bid to save Zeus the German shepherd from being put to death by Elk Grove city officials as a “dangerous animal,” this one accusing a city animal control officer who seized the dog on July 15 of acting illegally and asking a federal judge for an injunction that would spare the puppy.
[UPDATE: Zeus’ owner taken into custody as suicide threat after city kills dog]
The lawsuit filed Wednesday in U.S. District Court in Sacramento on behalf of Zeus co-owner Ghesal Kabir names “Crystal Mocek” and unknown Doe defendants, and says Mocek “is named in her capacity as an individual, and not as an employee for Elk Grove, for acts performed as a frolic and detour from official duties.”
The lawsuit appears to be referring to Crystel Mocek, who has worked for Elk Grove’s animal services division since April 2020.
Mocek did not respond to emails to her city and personal accounts or to a cellphone message seeking comment Wednesday. But an Elk Grove police spokesman wrote in an email response that “due to the pending litigation, we are not releasing any additional information than what has been released already.”
Elk Grove officials have said little about their plans for the 16-month-old German shepherd since it was declared dangerous after biting a passerby and, later, an Elk Grove police officer as it was being taken from the Kabir home by animal services.
The lawsuit filed by attorney Andrew Shalaby, the latest in a series of legal filings seeking to save Zeus, is asking U.S. District Judge Troy L. Nunley to issue a permanent injunction requiring that Zeus be returned to Kabir and her sister, Faryal, a co-owner of the dog who has said he is like her child.
Nunley previously issued a temporary restraining order sparing the dog but that has since expired.
The city has maintained in court filings that Zeus is dangerous and “continues to display aggressive behavior, including charging at the kennel door and barking viciously at city staff.”
Shalaby contends Elk Grove violated its own policies and deadlines in seizing the dog, arguing in legal papers that the deadline for the Kabirs to come into compliance with “dangerous animal” regulations was July 20, but that the dog was seized five days early.
“On her body cam, Mocek is heard expressing anger and frustration because Faryal Kabir insisted on the exercise of her rights under the law,” the lawsuit states. “It appears rather clear that Mocek took Zeus away, to kill Zeus, in anger and retaliation over the fact that Faryal Kabir was exercising her rights as expressed on the body cam video. ...
“Zeus has been unlawfully held by Mocek at the Animal Shelter since July 15, 2022, which (is) 96 days as of the date of this filing. This exposes Zeus to severe emotional trauma, and likewise, his owners.”
The suit notes that Faryal Kabir was so upset over the fate of her dog that Elk Grove police placed her on a 72-hour suicide hold on Oct. 6 that later was extended “because even after 72 hours, medical care professionals determined she continued to be a credible suicide risk.”
“This was due to the extent of emotional trauma imposed on her due to the taking and holding of Zeus,” the suit states. “The trauma has severely impacted Ghesal Kabir and the entire Kabir family as well.”
The suit alleges that the seizure of Zeus and plans to kill the dog are “criminal acts” that include destruction and tampering of evidence (the dog itself) and animal cruelty.
“Mocek took this Zeus to the Animal Shelter to kill it,” the suit states. “The proper word is ‘kill,’ because Mocek is not able to ‘euthanize’ Zeus, as the word ‘euthanize’ means: ‘To put (a living being, especially a dog or cat) to death humanely.’
“The killing of Zeus would be inhumane and unlawful because he was taken unlawfully, and his taking was a theft under California Penal Code 487, a felony.”
This story was originally published October 20, 2022 at 6:00 AM.