A Fayette County couple has filed a federal civil rights lawsuit against the local animal shelter, claiming that their 9-year-old Great Dane was seized from them improperly.
Juan and Tina Rivero filed the claim on Tuesday, alleging that animal control officers with the Steve Courson Humane Society of Fayette County showed up at their Lemont Furnace home in March, and tricked Mr. Rivero, who doesn't speak English well, into surrendering their pet.
"Whatever Mr. Rivero signed, he did so under duress," said their attorney, Charity Krupa. "They told him it was something it wasn't."
Officials with the shelter deny the allegations, saying Zeus, a dark chocolate Great Dane, was in terrible health and that Mr. Rivero willingly signed him over. They claim he said he couldn't afford to pay for the dog's medical needs and that he even carried Zeus to their truck.
The animal control officers initially went to the home on a complaint for a dead dog.
In the lawsuit, Mr. Rivero said he was inside the house with his five children that day when he heard their four Great Danes barking in the fenced-in yard.
When he went outside, two humane officers were there and told him that they had to take "the skinny dog," referring to Zeus.
Mr. Rivero tried to reason with them, the lawsuit contends, and offered to take him to the family's veterinarian to show that he was healthy.
"[The defendants] denied Mr. Rivero's requests and threatened to get the State Police involved, threatened to file charges against the Riveros, and threatened to get a warrant to take all of the dogs if he did not allow them to take the dog," the lawsuit says.
When Mr. Rivero asked when he could get Zeus back, it continued, the officers told him "that it would hopefully be soon."
Instead, the dog stayed in the shelter for months -- the family visited, but said they weren't allowed to play with Zeus outside his cage -- and now has been placed with an animal rescue group in West Virginia.
"The Riveros were never given a warning or opportunity to remedy whatever situation these animal control officers thought existed," Ms. Krupa said.
Richard Huey, an animal control officer named in the lawsuit as a defendant, said Mr. Rivero knew exactly what was happening.
"He understood everything. He spoke perfect English," said Mr. Huey, who was on sick leave when Zeus was taken. "It was a voluntary sign-over. They admitted they had a problem and couldn't afford to take care of him."
The dog weighed just 82 pounds when he was taken but gained 50 during his stay at the shelter, Mr. Huey said.
