A four-year-old Labrador mix dog that bit three people in six months faces near-certain death after an unusual Minnesota Supreme Court ruling that the dog is dangerous and should be destroyed.
Mitchell Sawh said he is devastated by the unanimous high-court decision that the city of Lino Lakes has the right to determine when a dog is dangerous and acted properly in ordering Brody's death.
Sawh maintains his dog isn't vicious, and that the bites resulted from misunderstandings when the dog was either startled or trying to protect its family. He said he has begged city officials to let him move the dog out of Lino Lakes, and has contacted legislators to see if they can help before time runs out for Brody, who has been confined in a local pound during the two-year legal battle.
"I'm hoping someone can intervene," Sawh said. "I'm trying to keep hope alive."
James Mongé III, a League of Minnesota Cities attorney who represented Lino Lakes, said the decision makes clear that the city's policies -- similar to those in many Minnesota cities -- were fair when they provided Sawh two separate hearings to challenge orders that first deemed Brody dangerous, then ordered him destroyed.
"The decision makes clear that cities have a compelling interest in ensuring the health and safety of their citizens, and that dangerous animals are a threat," he said.
According to the Supreme Court opinion, the first incident occurred in April 2010 when Brody bit someone walking past Sawh's home.
A community service officer deemed Brody "potentially dangerous" and sent a letter to Sawh's home warning that future bites or attacks could result in a "dangerous" designation or orders for Brody's destruction. The following October, Brody bit a neighbor who had stopped by Sawh's lawn to visit with his wife. The city then deemed Brody a "dangerous animal" and ordered his removal from the city.