U.S. Court to Hear Laguna Dispute Over Barking Dogs

It began as a dispute between neighbors on Keller Way over three barking dogs. But after three years of countless police complaints, citizens’ arrests, restraining orders and lawsuits, it is headed for a federal courtroom.

Robert Smith, chairman of the city’s Parking, Traffic and Circulation Committee, is suing the city, two police officers and two of his neighbors in a $5-million civil rights lawsuit expected to go to federal court in Los Angeles on April 28. Smith alleges they violated his constitutional rights by conspiring to have him arrested and drive him out of his home of 11 years, all because he complained about two Bouviers and a beagle.

The city and the neighbors deny the allegations.

Smith’s attorney, Jerry L. Steering, said he planned to ask the City Council to look into the conduct of the police in the case. He has sent news releases that label the situation a “police corruption scandal.”

“They took something that should have been nothing, and by lying and cheating and dirty dealing, they made a federal case out of it,” Steering said in an interview before the meeting.

The problem with the dogs began in late 1994 when Smith and his longtime partner, Marjorie Marshall, complained to new neighbor John Schug that his dogs were keeping them awake and asked him to keep the animals inside after 11 p.m.

The dogs continued to bother Smith, 46, and he called police several times over the next month.

Laguna Beach Police Sgt. James White, an acquaintance of Schug, wrote a memo to police dispatchers and a captain that dismissed Smith’s complaints.

White’s memo, dated Jan. 27, 1995, alerts department dispatchers that “in case you get any calls from a Robert William Smith . . . regarding his neighbors John and Pam Schug and their dogs or other complaints, I just wanted you to know I have knowledge of the problem and it’s not being created by the Schugs.”

The memo further states: “The Schugs are straight shooters, and they are backed by the other neighbors who all say Smith is crazy. Just so you know. Thanks, and keep up the great work!”

Steering said that because of the memo and Schug’s friendship with White, his client has been subjected to a “reign of terror” by his neighbors who didn’t have to fear police.

Smith alleges that because of the memo, police didn’t thoroughly investigate his complaints.

Smith declined to comment on the record, referring questions to his attorney.

City Atty. Phil Kohn defended White’s missive, saying the officer had written similar “safety awareness” memos about other situations. He said the memo was designed to warn officers called to the scene that they were walking into a volatile situation.

He called the memo “a total red herring” in a matter that is really about neighbors not getting along.

“The critical issue to me is not so much whether the memo was sent, but if there was any change in the Police Department as a result of the memo, and there was not,” Kohn said. “There has been no inappropriate conduct or favoritism shown to any of the neighbors.”

The dogfight has grown so messy that other neighbors have testified at several hearings where both sides requested restraining orders, and other lawsuits remain pending in Orange County Superior Court.

“It’s much more than your garden variety spat because it has escalated to this point,” Kohn said.

The fight has been an expensive one. Smith said he has spent about $80,000 on legal fees, while the city’s bills are expected to reach at least $50,000, according to Kohn. Schug said he has spent about $25,000.

“We sort of moved into hell without knowing it,” said Schug, 52. “It just got to the point where we were forced to move.”

The battle has also included Smith’s neighbor on the other side, Phillip Johnson, with whom he has feuded for years. Smith’s lawsuit accuses Johnson, who had gotten a restraining order against him, of joining in the harassment by making false complaints to police. Johnson declined comment Tuesday.

Schug, an unsuccessful City Council candidate in 1994, has moved from the cul-de-sac to another home in the city.

The city attorney said that the damage inflicted onto Laguna and the death of one of its citizens during this week’s storms bring some perspective to the matter.

“On the one hand you have police officers and neighbors pulling together and doing what it takes to save life,” Kohn said. “On the other hand, you look at what’s happening and you just want to shake your head.”

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Greg Hernandez can be reached at (714) 564-1037. His e-mail address is greg.hernandez@latimes.com