And Joan Lamont

rs RETURN DATE: JUNE 9, 2020 SUPERIOR COURT JOAN LAMONT, ANIMAL CONTROL OFFICER, J.D. OF WINDHAM TOWN OF WINDHAM, and the TOWN OF WINDHAM AT PUTNAM V. : ONE (1) CHIHUAHUA DOG, EDMOND BOUCHARD, AND ROB DICKINSON : MAY 19, 2020 VERIFIED PETITION PER COS § 22-329a FOR TEIVIPGRARY AND PERMANENT CUSTODY OF ONE (11 CHIHUAHUA DOG) 1. The Plaintiffs/Petitioners are the Town of Windham, CT ("Town") and Joan Lamont, who since July 26, 2009 has been a municipal Animal Control Officer employed by the Town and who has authority to act as a municipal Animal Control Officer within the Town and the City of Willimantic, CT ("Lamont"). 2. The defendants are Rob Dickinson and Edmond Bouchard, each of Apt. 2F in an apartment building located at 854 Main Street, Willimantic, CT. 3. Upon information and belief, Dickinson is the owner of a small brown Chihuahua dog approximately two years old whose name is believed to be Buddy and who for some time has resided in Apt. 2F with the defendants and another occupant of that apartment. 4. On May 15, 2020 Lamont applied for a search and seizure warrant for Apt. 2F, which was granted by the court and executed on May 15. A redacted copy of the warrant and application marked Exhibit A is attached. 1 Wool, Brennan, Gray & Greenberc, PC. the courtnev building, suite 200, 2 union plaza, post otftce box i-jî NEW LONDON, CONNECTICUT 06320 TEL. IHbOl .142-JJ 16 lURIS NO o2 I I 1 5. Pursuant to the warrant and Conn. Gen. Stat. § 22-329a(a), during the search on May 15 Lamont took physica! custody of the dog and brought it to the Windham animal services facility, where it remains. 6. The warrant affidavit alleges that: a. On April 19, 2020, a complaint was received by the Windham Police Department that the defendants had been and were being abusive to the small, brown Chihuahua dog that the residents of Apt. 2F had owned for at least a year; b. the complainant had often heard the occupants of Apt. 2F yelling at the dog; c. when the complainant had observed the defendant Bouchard walk down the stairs with the dog on a leash, he pulled the dog off its front legs or even dangled it by the leash with all its feet off the ground; and d. on one occasion when the complainant saw the defendant Dickinson yelling at the dog it ran into another room with its tail tucked between its legs. 7. The affidavit also alleges that another witness reported seeing the dog subjected to abuse of the type described by the complainant and that this witness: a. on numerous occasions during the evening of April 18, 2020 heard the occupants of Apt. 2F yelling and banging and repeatedly heard the ' Wool, Brennan. Gray & Creenberg, P.C. 3"he courtnev building, suite 200.2 union plaza, post office box isoi NEW LONDON, CONNECTICUT 0hi20 TEL.(KoOl 442-44 le lURIS NO 021 14 dog barking until after three or four barks the dog would yelp, and heard one of the males in the apartment saying "Get over here," "Sit down," "Sit here": and b. on another occasion had seen Bouchard yanking the dog around by the leash, lifting it off its front legs and sometimes dangling it In the air. 8. Videotapes made between March 31, 2020 and May 8, 2020 by interior security cameras in the apartment building ("Videos") show the dog being subjected to the types of abusive behavior described above. Some of the Videos show Bouchard: a. with the dog on a leash, yanking, throwing, and jerking the leash so hard that the dog is airborne and spinning around and one time causing it to be slammed against a wall; b. twice slapping the dog in the face, causing the dog in one of the Videos to cry out, making a "yelping" sound as described in paragraph 7(a) above; and c. muttering curses at the dog, such as "fuckin' dog." 9. Based on the foregoing and on their observation, training and experience the Plaintiffs/Petitioners have reasonable cause to believe that the dog was being and if returned to the defendants will likely continue to be neglected and/or cruelly treated by the defendants, in violation of CGS § 53-247, and that the circumstances require that the dog not be returned to them and that pursuant to CGS § 22-329a (g)(1) Wool, Brennan, Gray & Greenberc, P.C. 3he courtney building, suite 200,2 union plaza, post 01 fice box is'ii NEW LONDON, CONNECTICUT 0oJ20 TEL.|8oOl .l.t2-.14Ib IURISN0 621M its ownership should be temporarily and permanently vested in the Plaintiffs/Petitioners or some other legally qualified and capable person or entity. WHEREFORE, pursuant to COS §§ 22-329a (d), (f), (g)(1) and (4), and (h), the Plaintiffs/Petitioners request that the court: 1. Issue an order to the defendants to show cause why the court shall not leave the dog in the temporary care and custody of the Plaintiffs/Petitioners (pending a hearing on the Verified Petition). 2. Upon ordering the dog to the temporary care and custody of the defendants, the court issue an order requiring the defendants to either relinquish ownership of the dog to the Plaintiffs/Petitioners or to post a bond in the amount of five hundred dollars ($500) their reasonable expenses in caring and providing for the dog (CGS § 22-329a (f)). 3. Authorize the Plaintiff/Petitioners or a licensed veterinarian to provide care for the animal: 4. Find that the dog was neglected and/or cruelly treated. 5. Vest permanent ownership and custody of the dog with the Plaintiffs/Petitioners. 6. Make all relevant orders regarding reimbursement of the Plaintiffs/Petitioners' expenses by the defendants prescribed by CGS § 22-329a. 7. Grant such other and additional relief as is just and equitable to effectuate the purposes of this action. Dated at New London, Connecticut this 19^^ day of May 2020. Wool, Brennan, Gray & Greenberc, P.C. 4he courtney building, suite 2on, 2 union plaza, post oittcl box istji NEW LONDON, CONNECTICUT 0oi20 TEL. I8b0) 442-4410 jURIS NO 021 14 THE PETITIONERS jr By_ Midiael P. Carey Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.O. 2 Union Plaza, Suite 200, P. O. Box 1591 New London, CT 06320 Phone:(860) 442-4416 Please enter the appearance of Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.O., 2 Union Plaza, Suite 200, New London, CT 06320; Phone:(860) 442-4416; Juris No.: 62114 for the plaintiffs: Michael P. Carey Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.C. 2 Union Plaza, Suite 200, P. O. Box 1591 New London, CT 06320 Phone:(860) 442-4416 I Wool, Brennan, Cray & Greenberg, P.C. 5""e courtnev building, suite 200,2 union plaza, postoi riCK box i^-ji NEW LONDON, CONNECTICUT 06?20 TEL.(8tiOM42-,TJIt> )URISN0 62IM RETURN DATE: JUNE 9, 2020 SUPERIOR COURT JOAN LAMONT, ANIMAL CONTROL OFFICER, J.D. OFWINDHAM TOWN OF WINDHAM, and the TOWN OFWINDHAM AT PUTNAM V. ONE (1) CHIHUAHUA DOG, EDMOND BOUCHARD, AND ROB DICKINSON MAY 19, 2020 STATEMENT OF AlVIOUNT IN DEMAND The amount, legal interest or property in demand is $15,000 or more, exclusive of interest and costs and the Plaintiffs/Petitioners are also claiming statutory and injunctive-type relief in addition to money damages. THE PETITIONERS Michael P. Carey Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.C. 2 Union Plaza, Suite 200 P. O. Box 1591 New London, CT 06320 Phone:(860) 442-4416 Juris No. 62114 Wool, Brennan, Gray & Greenberg, P.C. T'he Courtney building, suite 200,2 union plaza, post office bo.x ispi NEW LONDON. CONNECTICUT 06J20 TEL |«f)Ol 442-.1.116 jURIS NO. o2l I I AFFIDAVIT AND APPUCATION STATE OF CONNECTICUT SEARCH AND SEIZURE WARRANT SUPERIOR COURT .IDCR-fil R(?v. 3-10 mvwJud el gov 0 G.S. 5§ 54-33a, S4-33C, 54-33j Form JD-CR-52 must also be completed Instructions To Applicant Instructions To G.A. Clerk Hie the application for the warrant and all affidavits upon which Upon execution and return of the warrant, affidavits which are the warrant is based with the clerk of the court for the geographical the subject of an order dispensing v/ith the requirement of giving area wrthin which any person who may be arrested in connection a copy to the owner, occupant or person within forty-eight hours with or subsequent to the execution of the search warrant would shall remain in the custody of the clerk's office in a secure he presented, together with the returôfthe ivarranf. location apart horn the remainder of the court file. F-ôlice Case number 20-6573 TO; A Judge of the Superior Court or a Judge Trial Referee The undersigned, being duly sworn, complains on oath that the undersigned has probable cause to believe that certain property, to wit; a brown Chihuahua mix male weighing approx. 20lbs, 23 months old, going by the name of Buddy is possessed, controlled, designed or intended for use or which Is or has been or may be used as the means of committing the criminal offense of: 53.247(a) Cruelty to a_nimajs was stolen or embezzled from: J constitutes evidence of the following offense or that a particular person participated in the commission of the offense of: J is in the possession, custody or control of a journalist or news organization, to wit: £'] and such person or organization has committed or is committing the following offense which is related to such property: [J and such property constitutes contraband or an instrumentality of the criminal offense of: And is within or upon a certain person, place, or thing, to wit: 854 Main St Apartment 2F, Wlllimantic, CT 06226.

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