Woman files federal lawsuit over pitbull ordinance
RANDOLPH – A woman has taken her case against the City of Randolph to the next level - federal court.
In the latest legal maneuver to keep her pitbull inside the Randolph city limits, Kandice Cooke filed a civil case in U.S. District Court of Nebraska June 6.
Cooke moved to Randolph on March 22 from Minnesota and was unable to obtain a city dog license due to Rufus’ breed. She provided documentation by the Assistance Dogs of America Registry which lists Rufus as a boxer mix. However, Rufus’s vaccination records, signed by a licensed veterinarian, indicate his breed as pitbull and thus banned by city ordinance established in 2015.
She appealed to the city council at its April meeting. When the council voted to keep the ban in place and disallow Cooke’s dog in city limits, she filed a civil suit in Cedar County Court seeking $3,900 for emotional trauma, the right to keep her dog and receive a city dog license, and to build a fence at her residence on Main Street.
That county court case was dismissed. Her latest court filing seeks more than $13 million with the majority of her claim resting on emotional stress brought on by her inability to keep her dog.
She appeared at the city council’s meeting last week, asking one more time for the council to change its mind. At the meeting, she threatened to file the suit. However, she had already filed it eight days earlier.
She also made allegations that Police Chief Pat Eller had been sent “to bully me and intimidate me, and in my opinion, try and terrorize me into submitting and giving up my dog.”
At the council meeting, Cooke said she would forego filing the lawsuit in federal court if the city was willing to agree to a settlement.
Her terms for settlement listed on paper at the council meeting included: - The city allows her to keep her dog of her choice of any breed at all times under the federal Americans with Disabilities Act and Fair Housing Act.
- The sum of $9.8 million for her to take her dog, sign a nondisclosure settlement form and move out of Randolph, or $7.3 million if she is allowed to stay in the city.
- A formal reprimand of Eller for his alleged harassment, bullying and intimidation of her.
- A promise in writing there would be no retaliation from the city.
“If you don’t agree, you have my complaint, my federal court filings and the higher compensation sum that I am asking for,” Cooke said at the council meeting June 14. “This time, I will be in the correct jurisdiction. It will be a jury of my true peers, as they can only be ones with disabilities, recovering addicts, victims of police harassment and others with emotional support dogs, to name a few.”
Randolph Mayor Dwayne Schutt said in a follow-up interview that he would not comment on Cooke’s lawsuit, other than to say he was not aware of her allegations against Eller until she told council members about them.
Starting June 15, for failing to comply with the city code, Cooke is subject to a daily fine of up to $500, said Randolph City Clerk/Administrator Ben Benton.
Two days after the council meeting June 16 - Cooke filed an update letter to the U.S. District Court saying she would like to expedite the case. No court dates have been set in the case.