Dog Owner’s Suit Against Humane Society Is Settled

The Pasadena Humane Society has agreed to pay $65,000 to settle a lawsuit by a dog owner who claimed that officers entered his home without a search warrant to seize his beagle, which had been seen running unleashed in the street.

The settlement on the eve of trial comes more than four years after Nicholas Conway, a former council candidate, accused Humane Society officers of illegally entering his Linda Vista neighborhood home in search of Toby, a one-eyed beagle.

A Pasadena Superior Court judge initially dismissed the suit as frivolous, but last year the state appeals court overturned that decision, arguing that the officers violated Conway’s constitutional right to be free from search and seizure, and set the case for trial.

In overturning the decision, the appeals court in an opinion stated it was the practice of the Humane Society to enter residences without a warrant if a dog has been on the loose and the owner is not home. In addition, it stated that the Feb. 4, 1993 entry was the second time officers had entered the house in the owner’s absence through an open back door to seize the beagle.

“The officers are routinely going on people’s private property with firearms and often without the owner’s knowledge or consent,” Conway said.

Humane Society officials said the settlement was a matter for their insurance company. But officials have said state statute allows it to enter premises to protect animals.