A similar lawsuit was filed in 2018 by the Glowneys. In that case, the defendants filed a response denying the allegations and requesting the lawsuit be dismissed. That lawsuit was voluntarily dismissed in November 2020 by the Glowneys because of the coronavirus pandemic, according to the Glowneys attorney Paul Leonard and court documents.
The lawsuit alleges that Dyson, the euthanized dog, was extremely thin and possibly battling undiagnosed liver disease, but was also a beloved member of the family and active and playful. The lawsuit says Dyson began losing weight in 2015 and was taken to a veterinary clinic by the Glowneys and routine testing found no evidence of disease or illness.
On Oct. 10, 2016, the lawsuit says Dyson was let outside in the backyard during Lindsey Glowney’s lunch break and wanted to remain outside when she tried to bring him in. He was left there with water and shade, the lawsuit says.
However, a neighbor saw Dyson in the front yard, the lawsuit says, and called Kettering Police Department to report a dog at large.
“Defendant Shelly Davis, the City of Kettering Police Department’s animal control officer, responded to the scene. Dyson was in his back yard at the door, barking as if he wanted in the house when Defendant Davis arrived at the scene,” the lawsuit says. “Without the knowledge or permission of the Plaintiffs, and absent a search warrant, defendant Davis went inside the gate of Plaintiffs’ fenced yard. Dyson was securely confined inside of the fence by mesh which had been tied to the gate by neighbor Smith before Defendant Davis arrived at the Glowney’s home. Defendant Davis used a snagging device to seize Dyson and remove him to the animal control van.”
The lawsuit says the Glowneys tried to get Dyson back and contacted the animal resource center daily, but instead Dyson was killed on Oct. 15 without their knowledge.
“On October 20, 2016, Defendant Davis came to the Plaintiff’s home. She told Plaintiff Lindsey Glowney that Dyson had been destroyed by Defendant Kelly Meyer and offered the explanation that he was an old dog,’” the lawsuit says. “Defendant Davis then gave citations to the Plaintiff charging her with animal cruelty and dog at large, in violation of Ohio law.”
A request for comment sent to Kettering wasn’t responded to Tuesday and Kumpf referred all questions to the Montgomery County Prosecutor’s Office who didn’t return a message.
Kettering Municipal Court records show the criminal cases were pleaded out in January 2018. Records show the Glowneys attempted to appeal a ruling in the cases, but the rulings were upheld.
“Husband and wife pled no contest in municipal court to cruelty against companion animal,” a summary of the appeals court ruling says. “The trial court did not err in denying appellants’ motion to suppress; the animal control officer’s entry on the appellants’ property to take custody of an animal at large was reasonable as a community caretaking function.”
It says the Glowneys did not prove that their constitutional rights were violated. The ruling also states that while at the Animal Resource Center, Dyson was observed for several days by ARC veterinary supervisor Meyer who determined that Dyson was in poor shape, not gaining weight despite eating and that euthanasia was necessary.
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