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  • 1.  City Liability for Failure to Prosecute

    Posted 06-26-2024 07:39

    I represent a small village that is in the middle of a weird jurisdictional issue. A dog bites an individual outside village limits, and a county sheriff deputy took a report. The dog's owners live in the village, so the county attorney believes that it's the village's jurisdiction and won't prosecute. The village doesn't want to prosecute the owners and is trying to resolve things outside the court. The owners have not neutered the dog or microchipped it, pursuant to village code. The village thinks it's not their problem since they believe the owners when they say the dog lives outside the village (though I don't believe that).

    The sheriff deputy believes that there may be liability on the village or county if the village code (which I believe is similar to state statute 54-618) isn't followed. Can't the village just claim prosecutorial discretion? Further, could the county force the village to do anything since the dog is being "moved" outside village limits, but still in the county? 

    Any advice off the listserv would be appreciated.



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    Daniel McMahon
    McM Law Office, L.L.C.
    Hastings NE
    402-834-2022
    dan@mcmlawhastings.com
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  • 2.  RE: City Liability for Failure to Prosecute

    Posted 06-27-2024 05:50
    Dan --

    I am dealing with almost the exact same issue now.  If you would like to give me a call, I can tell you how I am trying to handle it in my county. (It's still ongoing).  I am the county attorney and the city attorney in Wayne, so I really don't have anyone other than law enforcement challenging my decision.

    Amy K. Miller
    MILLER LAW      
    208 Main Street
    P.O. Box 33
    Wayne, NE 68787
    Phone: (402) 833-1440
    Fax: (402) 833-1420
    Email: amymillerlaw@gmail.com 

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