FAMILY SUES CITY OVER DOG'S DEATH.

Byline: Douglas Clark Daily News Staff Writer

A family is suing the city and two police officers for the wrongful death of a Rottweiler that was run over by police vehicles after evading capture.

Hernan, Sylvia and Christian Udaeta are seeking $25,000 from the city in a lawsuit filed Dec. 3 in Ventura County Superior Court for its ``careless and reckless'' policy that allowed police Officers David Livingstone and John Samarin to use what the suit claims was unreasonable force against Boxie, the family's 1-1/2-year-old pet.

``This dog was a good-natured companion dog and family pet. . . . Defendants knew or should have known that running over and killing a loose domestic canine dog would cause the owner and possessor serious emotional distress and mental anguish,'' according to the suit.

On Nov. 25, 1996, the Udaetas' five Rottweilers escaped through a hole in their backyard fence at 1705 Ysrella Ave. Although four dogs were safely rounded up by Ventura County Animal Regulation officers and Simi Valley police, Boxie eluded capture.

According to police, Boxie was intercepted by two police vehicles when the Rottweiler began to run toward two adults holding a small child. The dog died from the impact of the patrol cars.

Police say force was needed because all five dogs had growled at the officers, who then used pepper spray to subdue the animals.

But in their lawsuit, the Udaetas claim that Boxie was not a threat to neighbors and that police ran over their pet in ``disregard of humanity and without provocation.''

City Attorney John Torrance said the city will ``vigorously'' defend itself in court.

``I'm sorry about these folks losing their dog,'' he said. ``But on the other hand, the dogs were running loose. (The death) is hardly the fault of police.''

Michael Rotsten, the Encino lawyer representing the Udaetas, was in court and could not be reached for comment.

Although the suit claims the police officers were ``unqualified, unskilled and inexperienced'' in handling animals, Sgt. Bob Gardner said their job is to protect people.

``If they (police) reasonably believe action is necessary to protect an individual, they're expected to take that action,'' he said.

Joe Hreha, deputy director of community services, said the city policy for handling loose pets depends on the situation.

``In any animal emergency where humans or animals are threatened, they should call their local police department,'' he said. ``In an animal nonemergency, they can either call the city or the Animal Regulation Department in Ventura County.''