A couple who live on Fayston Street have sued both the city and the BPD officer they say shot their pet without provocation on July 4, 2018.
In a suit originally filed in Suffolk Superior Court, Shirley and Sean Goode allege the officer, Daniel Smith, deprived them of their property - their dog Chyna - and without due process - as required by the Fourth and Fourteenth Amendments, and that the shooting caused them emotional distress.
The Goodes filed their Suffolk suit on July 2, although the city, which had the case transferred to federal court this week, said it was not formally served until Sept. 2.
In their complaint, the Goodes allege what happened around 10:30 that night, after Smith pulled up to the intersection of Fayston and Dunkeld streets, parking across from the Goodes' home:
While Officer Smith was outside his police cruiser at the corner of Dunkeld Street and Fayston Street, Plaintiffs dog (hereinafter "Chyna") wondered [sic] out the front door and out the front gate for the property located at 73 Fayston Street.
When Chyna wondered outside of the front door of the 73 Fayston Street property, Shirely began saying "Chyna come here girl" while other people were also calling Chyna's name.
After Chyna wondered out the front gate, Chyna then wondered in the direction of Officer Smith and other police officers.
When Chyna was within a few feet of Officer Smith, Chyna stopped in front of Officer Smith and was wagging her hair.
Prior to and without attempting any non-lethal actions to secure Chyna, Officer Smith unjustifiably shot Chyna three times with his department issued firearm.
Chyna died as a result of the being shot by Officer Smith.
The reason Smith and other officers were at that location was because around 6:30 that evening, four people were shot, one critically, during a fight outside a kiddie bounce house that had been set up on Fayston Street.
The Goodes say Chyna had never been aggressive, let alone labeled a "dangerous dog" by the city.
In addition to the federal claims, the Goodes charge that Smith's alleged actions violated state law, because he "owed a duty of care to plaintiffs to not unreasonably destroy Plaintiffs' property by shooting and killing Plaintiff's pet dog" and because he violated a Boston Police rule on discharging firearms.
After watching her pet be killed, Shirley Goode now has to receive mental-health treatment for the "emotional distress" that caused, the complaint charges.
The Goodes are seeking damages, to be doubled or tripled, as well as court costs and attorney's fees.