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OMAHA - The federal lawsuit regarding a pitbull in Randolph’s city limits continues with the city asking the high court to dismiss the case.
The city’s attorney, Keelan Holloway, filed the motion for dismissal last week, recounting the background on the case.
Cooke moved to Randolph in March from Minnesota and was unable to obtain a city dog license due to her dog, 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.
She then filed the case in federal court - the U.S. District Court of Nebraska - seeking more than $13 million with the majority of her claim resting on emotional stress brought on by her inability to keep her dog.
“All facts of the current complaint are the same facts of the County Court matter,” Holloway wrote in his motion.
Along with not complying with the Nebraska Political Torts Claim Act, the suit should be dismissed because Cooke had not alleged a specific federal statute enabling the action, he wrote.
Citing another case, Holloway said emotional support animals are not service animals and not supported under the American with Disability Act.
Within two days of the city’s filing for a dismissal, Cooke filed her own 14-page response with the high court. She is representing herself in the matter.
In her court filings, Cooke had previously maintained that Rufus was a boxer mix and not a pit bull, despite the veterinarian record.
But in her response filed on July 11, she questioned the dog’s breed.
“The lay person is not qualified to determine a specific breed. And furthermore, even the so called experts can misidentify a breed just upon physical appearance. The only true way to determine if a dog is a true pitbull or Staffordshire terrier, American Bull terrier or other grouped pitbull breed is by a DNA test. Rufus has never had a DNA test. How do we really know his breed?”
Cooke indicated a research study confirmed that veterinarians cannot accurately determine the genetic makeup of a non-purebred dog by looking at them, however some of her arguments did not provide specific sources for the research studies.
Cooke wrote breed specific legislation violates her fourth, fifth and 14th amendment rights and that disallowing specific dog breeds has not been scientifically proven to make a community safe.
“It is solely based on stereotyping, readjusts and bias to get ride of a certain type of individual in a community,” Cooke wrote. “Neither presumed breed nor appearance is a reliable predictor of a dog’s behavior nor will it tell you how responsible an owner is.” She maintained her allegations Randolph Police Chief Pat Eller is “terrorizing” and “bullying” her by giving her citations for violating city code in the matter. Cooke is subject to a daily fine of up to $500 for failing to comply with city code.
Cooke’s latest motion included letters by health professionals detailing her need for an emotional support animal.
In other court news: - Kyle Ferrell, 32, Norfolk, faces misdemeanor charges of third-degree assault and two counts of disturbing the peace for an incident at a Randolph residence July 5. Cedar County deputies found a woman with an injury to her face and stomach. Ferrell allegedly threatened to beat the woman further before leaving the residence. Neighbors confirmed they could hear the argument and one went over to the house in an attempt to intervene.
Ferrell posted bond and is next scheduled to appear in Cedar County Court Aug. 1.
- Sage Stolpe, 21, Magnet, was arrested July 1 on a warrant after he failed to appear for a Cedar County District Court hearing on felony theft. He allegedly stole four rings valued at several thousand dollars, took them to a Norfolk jeweler and sold them.
Stolpe also has charges pending in Adams County. In that county, he pleaded guilty to felony child abuse and misdemeanor third-degree sexual assault. The charges stem from meeting a 15-year-old girl through social media, driving to Hastings to pick her up, and having sex with her in the vehicle.
- Lauren Harms, 25, faces misdemeanor charges of second-degree trespassing and disturbing the peace after she allegedly refused to leave a Laurel garage July 4. A Laurel woman allowed Harms to sleep at her residence overnight but Harms allegedly moved into the woman’s garage and planned to stay there longterm. The woman could not get Harms to leave. A Cedar County deputy gave Harms 30 minutes to gather her belongings and leave the residence or she would be arrested for trespassing. Instead, Harms began yelling and acting out, and was subsequently arrested.
Her next appearance in Cedar County Court is set for July 18.
