NLV pays $25K to settle lawsuit over police shooting of dogs

The city of North Las Vegas has paid $25,000 to settle a civil rights lawsuit involving police officers who fatally shot two dogs while serving a search warrant in 2008.

“Sometimes it’s worth it to pay a settlement to avoid the more expensive cost of a trial,” Chief Deputy City Attorney Bethany Sanchez said.

She said the city had retained outside counsel to take the case to trial, which would have added to its expense.

North Las Vegas SWAT officers served a search warrant on Feb. 8, 2008, at the home of Louisa Thurston, whose husband was wanted on armed robbery charges. Her mastiff and pit bull were fatally shot.

Thurston filed a lawsuit in February 2010 in Clark County District Court against the city and six police officers. The defendants later moved the case to U.S. District Court.

In March 2012, U.S. District Judge Larry Hicks decided the case in favor of the defendants without a trial.

Thurston appealed portions of the judge’s decision, and the 9th U.S. Circuit Court of Appeals ruled in January 2014 that she could pursue her Fourth Amendment claim against the three officers who fired at the dogs: Jason Scarale, Eric Rockwell and Leonard Taylor.

The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures.

In its decision, the appellate court determined that there were “genuine issues of material fact as to whether the police officers acted reasonably.”

The court noted that police waited 20 minutes after entering the home before firing on the dogs, and it concluded there was a “genuine issue of fact as to whether the dogs attacked” police.

“Our belief was that there was no reason to shoot the dogs,” said attorney Cal Potter III, who represents Thurston. He said the case involved a situation “where it’s her word against the SWAT officers.”

Potter said his client agreed to the settlement.

“She had stated that it was never about money,” the attorney said.

The case was resolved after a mandatory settlement conference. The parties stipulated to a dismissal in March.

Sanchez said the city agreed to pay a total of $25,000 to Thurston and her lawyer without admitting any fault or liability.

“We don’t think our officers did anything wrong, and I understand Mrs. Thurston has a differing opinion,” Sanchez said.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer