MINT HILL, N.C. — A woman is suing the town of Mint Hill after she claims her then-boyfriend's K-9 attacked her unprovoked in his home last year. Madison Simmons is asking for more than $25,000 after her attorneys say she is still recovering from dog bites to her left leg.
The lawsuit identified the K-9 as Tazz, a six-year-old Belgian Malinois, and his handler as Officer Joseph McNamara.
Simmons' attorney, Kenneth Haigler, said McNamara invited Simmons to his house. While there, Haigler said McNamara brought Tazz inside, unrestrained, to perform tricks.
Haigler said Tazz attacked Simmons unprovoked, and the K-9 didn't let go of Simmons despite McNamara's commands to stop.
"I've been doing this for almost 40 years, and I have truly never seen anything quite like this," Haigler said. "The officer and the animal failed when it comes to Madison Simmons."
Haigler said Simmons still receives care from the bite wounds, and she suffers psychological trauma.
"The sight of a dog terrifies her," Haigler said.
He argued Simmons deserves justice and challenged critics who may call this lawsuit a "money grab."
"Personally, there is no amount of money that you could ever give me to go through what this young lady went through. No amount," Haigler said. "I think I could ask you that question. I think I could ask your colleagues that question, and I think the answer will be the same."
Both Officer McNamara and Tazz are still assigned to the department's patrol division.
The Mint Hill Police Department's attorney, Scott MacLatchie, said the department is aware of the incident, and the officer properly reported the "unintended bite."
However, MacLatchie disputed some of the allegations in the lawsuit.
“What the law looks to with a dog whether it’s a police dog or a dog owned by a civilian was there any prior indication because of the conduct of the dog in the past that this was foreseeable," MacLatchie said.
MacLatchie said Officer McNamara underwent roughly 240 hours of training with the K9 through CMPD’s training program previously, and that the two had been deployed and partnered with no similar incidents.
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