Subject: Re: Diesel
From Jaysen McCleary’s email records. The messages are presented in conversation order. Contact details, routine signatures, email footers, and server headers are omitted. Spelling is preserved; quote marks, spacing, and paragraph breaks are normalized for readability. Statements in the exchange are the speakers’ positions.
The ARL is on “stand by,” waiting for directions from the City to proceed.
The ARL would also like those directions in writing (email to Josh or me is OK) from someone at the City (CHO, City Atty office, etc.)
What’s the latest?
- Jay Casini
Jay and Josh,
Pursuant to the Iowa District Court’s Order of July 31, 2018 a final determination has been made that the dog, Diesel, was properly declared a "Dangerous Animal" under Des Moines Municipal Code 18-196(2) and (3). You are hereby notified that the City requires the enforcement of the finding of the Court and has directed that the dog be euthanized.
John Haraldson
John and Jason,
I just learned the dog is still alive.
The judge either party would have a right to appeal her decision and not to kill the dog. The stay is very clear and it has not been lifted by court order.
You cannot kill the dog without being in contempt of the court ordered stay and there is a right to appeal this decision as well as a right to file a 1.904(2) motion. There is no urgency to kill this dog and there is no legal right to kill this dog under the ordinance but only to prohibit the dog from being owned in the city.
If you or Jason direct your client to kill this dog in violation of the plaintiffs rights to due process under the Iowa and Federal constitution then you will both be personally named in the next petition.
The court failed to recognize that there is another petition that was filed to vacate and there is a replevin action pending. You cannot kill the dog without violating the plaintiffs due process rights to a meaningful appeal.
Sincerely,
Jaysen
What “stay order” do you contend is still in effect, following the Order of July 31st?
- Jay Casini
Jason,
As you know I called and left you a voicemail to not kill the dog and the dog is still alive according to the ARL.
The stay order that Judge Vaudt confirmed. Look at the transcript!! Judge Vaudt specifically said the dog shall not be harmed because either party will have a right to appeal her decision. The stay in place that Judge McCall put in place that was reconfirmed by Judge Vaudt.
The stay that includes the right to appeal. The stay that Judge Vaudt referenced at the last hearing.
I am not at my desk. But I can forward it to you when I get back to it this afternoon.
If you kill this dog prior to the Judge lifting the stay and prior to the plaintiffs rights to appeal the decision as attorneys for the City and animal control including Josh Colvin and Tom Colvin will be named specifically as defendants for a violation of the plaintiffs due process rights under both the Federal and Iowa constitutions.
I strongly encourage you and your clients to keep the dog alive.
Jaysen
Jaysen,
I have been informed that the Dog, Diesel, was euthanized between 11:30 and 11:45.
John