Tucson woman loses dog-fight injury case

A Pima County jury has rejected a woman’s lawsuit seeking damages for injuries she received when her dog ran out of her house and fought with a police K-9.

Samantha McClellan filed a lawsuit over injuries she suffered in 2020 during an arrest.

In the incident, deputies and a department K-9 made an arrest of an individual at McClellan’s apartment. The person later asked deputies to return keys to McClellan, according to a complaint filed by her attorney, Christian Kimminau.

When McClellan answered, her dog bolted out the door. When she reached to grab her dog, McClellan said she was attacked by the police K-9, Jake. The incident resulted in multiple injuries, such as bone-deep gashes to her leg and arm and extensive bruising, the complaint said.

McClellan required extensive medical care and has suffered permanent injuries, which include scaring and loss of feeling in her arm and hand. She also suffers from panic attacks and nightmares, the complaint said.

Kimminau asked for compensatory damages in an amount to be determined at trial. He also asked that McClellan be awarded all legal fees and costs.

The Sheriff’s Department said McClellan’s dog made an unprovoked attack against Jake, which led the K-9 to defend himself and protect his handler.

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They said McClellan was then bitten after she got in the middle of a dog fight.

In closing arguments Wednesday, Kimminau said McClellan’s version of how the incident unfolded is what actually happened, questioning the credibility of the dog fight since neither deputy there had injuries or scratches.

“She’s not telling a story, she’s reliving the event,” Kimminau told jurors.

Andrew Petersen, the attorney for the Sheriff’s Department, told jurors that McClellan made inconsistent statements about the incident. He said Jake reacted in order to protect his handler.

“This is not a case about a K-9 attack, this is a case about a K-9 reacting to an attack,” Petersen said.

It took jurors a few hours to side with the Sheriff’s Department.