NASHVILLE, Tenn. -
A Nashville lawyer is accusing Metro Animal Control of incompetency after video showing a dog attack inside the facility surfaced.
Jean Harrison represents Nicole Andree, who owns Prada, a pit bull mix that has been in a cage at Metro's facility for more than a year.
Andree is currently in a legal battle to keep Prada alive.
"Prada is a salvageable dog and in the right environment, in a sanctuary with the right people, this dog will be fine," Andree's attorney told Nashville's News 2 Investigates.
Animal Control officials picked Prada up in January of 2011 after the dog allegedly attacked another. Since then, city officials say Prada has attacked at total of five dogs, two of which were in Metro's custody. Both dogs were destroyed.
Metro Public Health Department spokesperson Brian Todd says Prada is a "vicious animal."
"That dog attacked and in an unprovoked manner, attacked five other animals," he told Nashville's News 2 Investigates.
Harrison, however, questions how Metro Animal Control operations after viewing a video shot August 4, 2011.
The video shows a worker cleaning an area of animal control when Prada suddenly attacks another dog.
The animal control officer intervenes and is shown, repeatedly and forcefully, kicking and punching both dogs.
The incident ends 20 seconds later when a second employee pulls Prada away.
Both dogs are then shown wagging their tails, seemingly unharmed in the altercation.
According to Harrison, there are several problems with the video and subsequent testimony offered by the employees in court.
She explained, "When you are in the middle of a dog fight, I understand that you have to stop it anyway you can. I understand that, but if you are trained professional, punching the dog and kicking it as you saw that man do, is not how you stop a dog fight."
Harrison continued, "Typically you put an object between them and pry them apart. I don't want to hear how this is a pit bull and it was latched on, that is still not how you handle a dog. Any professional will tell you, don't punch and kick a dog to break up a dog fight. That is not how it is done."
Todd disagrees and defends the agency.
"I think if you look at a dog attacking another dog, our animal control officers are trained by the National Animal Control Association and the [Humane Association of the United States] has recognized our efforts on behalf of animals and today, is actually bringing us six dogs from an out-of-county felony cruelty case so we provide care for these animals while the criminal case is being handled," Todd said.
He continued, "Our staff is all dedicated to the animals in our care. Certainly you would not want to just step back and let one dog attack another dog that is not the way they are trained, so there is an effort to separate the dogs and the video would show that."
Harrison is also concerned that the other dog in the attack was euthanized, not because of injuries sustained in the fight, but because it is feared that Prada has Blastomycosis, an airborne disease produced by fungus.
According to Todd, the decision to euthanize was made by a qualified veterinarian. Harrison calls the decision "very irregular."
She said, "The vet testified, for whatever reason, that this very rare fungal disease could be spread by bites, but to my knowledge and every expert I have talked to, they discount that."
Animal control officials also point out that Prada attacked a second dog in the shelter, and that dog had to be put down due to its injuries.
The dog was attacked in a section of the facility where there are no cameras and nobody witnessed the attack, according to Harrison.
"I want to know why Metro has a dog unsupervised in a play yard and how a dog in the care and control of a care officer manages to get through three heavy doors outside to a dog where cameras not working," she said. "What kind of procedures are in place to prevent this type of thing? Someone needs to look at the procedures in place and explain to us the public how this happened because it is Metro's fault this occurred."
Harrison said she plans to go back before the judge on February 20 and bring up new motions including who will pay for Prada's continued care and how the dog might successfully be released to a dog sanctuary trained to handle such an animal.
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