Lawsuit targets Sacramento police after officer shoots man’s dog at Midtown Safeway

A Sacramento man whose dog was shot during a confrontation with police in Midtown in December is suing the city, alleging that officers used excessive force when one fired a round that struck his dog and injured him and a security guard standing nearby.

The suit, filed in federal court on behalf of Kevin Cole by Sacramento civil rights attorney Mark Merin, alleges Cole is the victim of false arrest, excessive force and assault and battery from a Dec. 18 incident in front of the Safeway store at 19th and S streets.

The lawsuit says the incident began as Cole stopped to open a bag of food for his dog, Nikki, which was on a leash.

Cole was confronted by a security guard who told him to leave, the suit says, and within minutes police arrived and told him to leave the area “within nine minutes.”

Before the nine minutes were up, an officer wrestled Cole to the ground and handcuffed him, causing Nikki, “generally very friendly and timid,” to become “agitated,” the lawsuit says.

A second officer shot the dog, with the bullet hitting her in the leg and striking the pavement. Fragments from the round then hit the security guard and struck Cole between the eyes, the lawsuit says.

Nikki fled inside the grocery store covered in blood and later was taken to the Sacramento animal shelter for treatment. Cole had his backpack, wallet, keys and other items seized for several days, the suit says.

The city rejected a claim Cole made, leading to the lawsuit being filed.

Police released video footage of the confrontation on Dec. 28 showing an officer asking Cole about the dog and telling him he did not want to shoot it.

“Is your dog going to become aggressive?” one officer asked as Cole assured him the dog wouldn’t.

A short time later, as an officer tried to detain Cole, the dog began growling and barking at the officers.

“I do not want to shoot your dog,” one of the officers said, according to the video that was released.

The video shows Cole trying to restrain the dog, which broke free as a second officer ran toward the scene and fired a single shot.

No charges have been filed in the incident, according to online Sacramento Superior Court records.

The police department declined comment Monday, citing pending litigation.

This story was originally published March 9, 2020 at 11:22 AM.