Lawsuit Filed Against West Virginia Police for Malicious Prosecution after Dog Owner Tries to Protect her Own after Officer Attempts to Kill Him with No Probable Cause

A West Virginia woman and two other plaintiffs have filed a lawsuit  against a police officer and the police department after she was charged with misdemeanor obstruction when she walked between her dog and a State Police Officer in May 2015 as the officer took aim to shoot at the family dog’s head while tethered to a tree.

Tiffanie Hupp, 23, of West Virginia was prosecuted for misdemeanor obstruction when she ventured to protect her dog, Buddy, as State Police Officer Seth Cook raised his gun to shoot and kill Buddy.   The dog did not pose any threat toward the officer as he was attached to a nearby tree with a rope.   The police were originally called to arbitrate an issue between Hupp’s stepfather-in-law and her neighbor.

The lawsuit has been filed by the Animal Legal Defense Fund,  in partnership with Professors John Campbell and Justin Marceau of the University of Denver against the West Virginia State Police, State Trooper Seth Cook and Colonel C.R. “Jay” Smithers on behalf of Hupp and two other plaintiffs from Waverly, West Virginia.

When Officer Cook walked onto the property after speaking with the neighbor, Buddy greeted him with a wagging tail and barking.  He walked as far as the leash allowed.   This is when Hupp’s husband, Ryan, 25, began the recording.    Cook told her to “control your dog now.”   When Hupp saw the gun, she was attempting to protect Buddy from being killed.   She also was trying to shield her three-year-old son, Riley, from the trauma of seeing their dog killed by a police officer.

Hupp was grabbed and pushed by Officer Cook.  She fell to the ground.    She was also pushed against the police car and arrested.

The video captured the entire incident.   The officer proceeded to enter Hupp’s home without a warrant or probable cause.   Personal property including the recording device used for the taping was confiscated.   Their personal items were returned weeks later.

At the trial, Officer Cook testified that his decision to shoot a dog who did not pose any threat to him was based on his training.    This type of “training” has led to at least 15 dogs being killed by West Virginia State Police Officers from 2010-2014.

The training consists of killing any dog who walks toward them whether they’re threatening or not.   Officer Cook testified that he was not afraid of the dog, but was following training that required him to kill all dogs that approach him, even if it was chained and wagging its tail as Buddy was doing in this case. 

In June 2014, a six-year-old Beagle mix, Willy Pete was shot and killed by the West Virginia State Police Special Response Unit as they were searching for a fugitive in the woods.   The search led them to an adjacent unrelated property where Willy Pete greeted them and their K9.   The owner of Willy Pete, Ginger, begged police to allow her to take him inside their home.    Her pleas were ignored and the police shot but missed the dog with the first attempt.    Willy Pete ran towards Ginger on the porch trying to get into the house.   Ginger said the look in her dog’s eyes was one of pleading for help.   The police shot three more times killing the cherished dog in front of her eyes.

“Police shooting dogs is a preventable tragedy in most situations. Many jurisdictions are providing mandatory canine encounter trainings to law enforcement to address these types of encounters without lethal force,” says Animal Legal Defense Fund Executive Director Stephen Wells. “Police officers are going to interact with dogs in the field, so they should be given the knowledge and resources to assess the threat involved and utilize alternatives to lethal force if they interact with a dog who they believe may be aggressive.”

Hupp and the other two plaintiffs are seeking restitution including funds to help Riley who now suffers from anxiety and emotional distress when around police officers.   Riley hasn’t seen a mental health professional because the plaintiffs are unable to afford the .

“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,” says one of Hupp’s lawyers, John Campbell.

Hupp’s complaint 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.