A Belleville woman has filed a civil lawsuit in federal court, maintaining that St. Clair County Animal Control euthanized her cat by mistake while the cat was being held for observation after biting her.
Melanie Hutchinson is asking for an unspecified amount in compensatory and punitive damages.
“The killing of a companion animal, i.e., a pet, constitutes a ‘seizure’ within the meaning of the Fourth Amendment ... and a deprivation of property without due process of law under the Fourteenth Amendment,” according to the 12-page complaint.
Hutchinson’s attorney, Matthew Chapman, filed the complaint on Monday in U.S. District Court for the Southern District of Illinois in East St. Louis.
The defendants are Ashley Jett, director of St. Clair County Animal Services (consists of Animal Control and Dr. Tom Amlung Pet Adoption Center); Assistant Director Eddie Lee Johnson II and St. Clair County, as represented by County Chairman Mark Kern.
“They’re supposed to be served today,” Chapman said Tuesday, referring to summonses notifying the defendants that they have 21 days to file answers to the complaint.
Kern, Jett and Johnson didn’t respond to the Belleville News-Democrat requests for comment Tuesday. Hutchinson declined comment due to pending litigation.
Chapman described Hutchinson, her husband and four children, as “animal lovers” who adopted Malone at 5 years old, knowing older cats often get bypassed in favor of kittens.
“That’s the kind of person (Hutchinson) is,” Chapman said. “Her main thing is, she doesn’t want this to happen to another family.”
The complaint lists six counts, including Illegal seizure and due process violation against Johnson, illegal seizure and due process violation against Jett and liability and indemnification against St. Clair County.
The complaint alleges that Kern failed to appoint a licensed veterinarian to the Animal Control staff, as required by Illinois law and county ordinance; and Jett didn’t adequately train or supervise Johnson or establish proper procedures, such as two-person verification of euthanasia orders.
““It was unreasonable for Johnson to kill Malone when Malone posed no immediate danger and was not supposed to be euthanized,” the complaint states.
Here’s what led up to the lawsuit, according to the plaintiff:
- Hutchinson adopted Malone in 2019, and the cat never exhibited any signs of rabies.
- On June 24, Hutchinson was trying to move Malone away from a confrontation with her rescue dog when Malone bit Hutchinson, despite never biting anyone before.
- Hutchinson’s medical provider reported the bite to St. Clair County Animal Control, kicking in a requirement that the cat be professionally observed for 10 days to detect possible rabies symptoms, per Illinois law and county ordinance.
- On June 25, Johnson notified Hutchinson of the observation requirement.
- Hutchinson informed Johnson that she and her family were leaving for vacation and asked if Malone could stay isolated in the family home; Johnson reportedly said no.
- Hutchinson contacted her veterinarian, but that facility couldn’t provide 24-hour custody.
- Animal Services agreed to keep Malone from June 26 until after July 8, when the family was returning from vacation.
- On July 5, Jett called Hutchinson to inform her that Johnson had mistakenly euthanized Malone, calling it a “terrible, terrible mistake.”
- Jett told Hutchinson that she and Johnson had met that morning and discussed the scheduled euthanasia of three dogs; that Jett left the facility and returned to find a paper on her desk indicating that Malone had been euthanized.
- Jett told Hutchinson that she asked Johnson what happened, and he allegedly replied that he “just thought he heard a cat needed to be euthanized.”
- Hutchinson’s husband later contacted Jett to see if the family could get Malone’s remains, and Jett said it wasn’t possible.
County officials were trying to find a veterinarian for the Animal Control staff at the time Malone was being held, according to the plaintiff. The complaint includes an excerpt from a July memorandum titled “Procedure Change for Euthanasia” written by Jett and obtained by Chapman.
“We are going back to having two people in the euthanasia room to confirm identity and the request for euthanasia,” it stated. “Until we have a hired medical coordinator, I, Ashley Jett, will be assisting Eddie for euthanasia.”
The Animal Services department is temporarily housed in St. Clair County Courthouse due to flood-related construction at its offices and shelter. Belleville Area Humane Society agreed to look after some of its animals.
Editor's note: This story was originally published by the Belleville News-Democrat.
Teri Maddox is a reporter with the Belleville News-Democrat, a news partner of St. Louis Public Radio.
