CHICAGO (CN) - A Chicago police officer shot a pit bull puppy eight times within feet of a 5-year-old girl, then ticketed the father for having the dog off a leash, and made his teenage daughter clean the blood off the sidewalk, the mother claims in court.
Samantha Maglaya, on behalf of herself and her minor daughter, sued Chicago and police Officers Michael Kumiga and Michael McGlade, and former Officer Don Kumiga.
"Ms. Maglaya had a puppy as a family pet, named Maximus," the lawsuit states.
"On information and belief, the puppy was 19 weeks old and weighed only 45 pounds, he was friendly and had never attacked anyone.
"Ms. Maglaya has a 5-year-old daughter, S.R.
"On May 17, 2013, at about 3:10 pm., Ms. Maglaya returned home from picking up her children from school.
"Upon returning to her house at , S.R. let the puppy outside to use the bathroom.
The puppy then playfully ran around to the front lawn with its tail wagging.
"On information and belief, S.R. ran after the puppy so that she could bring him back inside."
Maglaya told the Chicago Sun-Times: "[Max] was just like my baby. I carried him around. I fed him with a bottle."
The complaint states: "(O)n May 17, 2013, Officer Kumiga shot Ms. Maglaya's puppy eight times from mere feet from the puppy, killing it.
"On information and belief, Officer Kumiga shot the puppy eight times in front of and within mere feet of S.R., the 5-year-old.
"Upon information and belief, Officer Kumiga claims he shot the puppy eight times in order to protect a citizen.
"Upon information and belief, Officer Kumiga alleges that the puppy was viciously chasing his son who was riding his bicycle."
Maglaya claims there was no child riding a bike near her home when Kumiga shot her puppy.
The puppy died shortly afterwards, and Maglaya says the Chicago Police Department refused to take her statement about the incident.
Instead, the police "issued a ticket to Anthony Robles, Ms. Maglaya's husband, fining him for having the puppy Max off of a leash and not having a dog-tag."
Maglaya adds: "(T)he CPD [Chicago Police Department] attempted to clean up the scene of the shooting by hosing the blood off Ms. Maglaya's sidewalk, collecting the spent bullet casings, and asking Ms. Maglaya's 15-year-old daughter to help with clean it up."
Kumiga was in the midst of a divorce when he shot Max, Maglaya says.
Defendant McGlade also lived in Maglaya's neighborhood, and "told at least one neighbor of Ms. Maglaya that he, Officer Kumiga, and Mr. Kumiga, had all agreed to ensure that Ms. Maglaya could not have the puppy Max," according to the complaint.
"Upon information and belief, all defendants had agreed to ensure that Ms. Maglaya could not have any dog.
"Upon information and belief, Officer McGlade told at least one neighbor of Ms. Maglaya that she should not have a 'nigger dog,' referred to Ms. Maglaya as a 'spick' and that the all defendants have agreed that any dog without a leash in the neighborhood will be shot.
"Upon information and belief, all defendants agreed that Ms. Maglaya should not live in their neighborhood because of her Section 8 housing status and her race."
Maglaya seeks more than $1 million in damages for illegal seizure, excessive force, conspiracy, negligence, , aggravated cruelty to animals, emotional distress, willful and wanton conduct, and trespass.
She is represented by Masoud Mirsafian.