# Killer of Bichon Frise Sues Dog's Former Owner **URL:** \ **Category:** The BBQ Pit\ **Created:** [March 1, 2003, 9:22pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450 "2003-03-01T21:22:05Z")\ **Posts on this page:** 17\ **Page:** 3
**Author:** ![Lissa](https://avatars.discourse-cdn.com/v4/letter/l/85f322/32.png) [@Lissa](https://boards.straightdope.com/u/Lissa)\ **Post date:** [March 3, 2003, 4:24am UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/41 "2003-03-03T04:24:49Z")
> [@](#): > > \*Originally posted by Rhum Runner \* > \*\*Not sure about that there **Lissa**. If his complaint were dismissed with prejudice he would be barred from relitigating it. _res judicata_ \*\* He can sue her for different things each time. This is America . . . you can sue anyone for anything. He can say the dog bit him. He can say SHE bit him. He can say she sexually harassed him by grabbing his crotch. He can say she intentionally rammed him because she hates men. He can say she beat him senseless. He can say she’s paying guards in the prison to mistreat him. It doesn’t matter if it’s not true. He can still file the suit, and unless she wants to defend herself, she’ll have to pay a lawyer to answer his charges each and every time. Prisoners can be very inventive with a lot of time on their hands. ---
**Author:** ![FairyDust](https://avatars.discourse-cdn.com/v4/letter/f/ccd318/32.png) [@FairyDust](https://boards.straightdope.com/u/FairyDust)\ **Post date:** [March 3, 2003, 5:13pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/42 "2003-03-03T17:13:00Z")
[http://www.news.com.au/common/story\_page/0,4057,5713455%5E1702,00.html](http://www.news.com.au/common/story_page/0,4057,5713455%255E1702,00.html) RIP, Ribsy and Leo. ☹ ---
**Author:** ![NurseCarmen](https://avatars.discourse-cdn.com/v4/letter/n/5daacb/32.png) [@NurseCarmen](https://boards.straightdope.com/u/NurseCarmen)\ **Post date:** [March 3, 2003, 5:50pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/43 "2003-03-03T17:50:30Z")
\*\*betenoir \*\*. I couldn’t have said it better myself. In fact, I was going to say nearly _exactly_ what you said. Now all I have to say is: Yep. What **betenoir** said. ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [March 4, 2003, 1:58am UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/44 "2003-03-04T01:58:10Z")
Actually, what I was suggesting was the loser paying the winner’s legal costs of having the action tossed out. (That’s the way it happens where I am. I realize that this is not the way is is done down your way.) ---
**Author:** ![Rick](https://avatars.discourse-cdn.com/v4/letter/r/9f8e36/32.png) [@Rick](https://boards.straightdope.com/u/Rick)\ **Post date:** [March 4, 2003, 3:38am UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/45 "2003-03-04T03:38:35Z")
Read the linked article folks > [@](#): > > A man who threw a dog to its death in a fit of road rage is suing the dog’s former owner and a newspaper, alleging mental anguish and seeking more than $1 million in damages. Not physical pain and suffering, not spinal injuries, but mental anguish. IMHO the spinal injury will come from the whiplash caused by the court throwing his ass out. ---
**Author:** ![Caffeine.addict](https://avatars.discourse-cdn.com/v4/letter/c/f475e1/32.png) [@Caffeine.addict](https://boards.straightdope.com/u/Caffeine.addict)\ **Post date:** [March 4, 2003, 8:13pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/46 "2003-03-04T20:13:48Z")
> [@](#): > > He can still file the suit, and unless she wants to defend herself, she’ll have to pay a lawyer to answer his charges each and every time. Prisoners can be very inventive with a lot of time on their hands. If he is suing her over what occurred when she bumped into him, doesn’t her auto insurance provide her with a lawyer to defend her. Also couldn’t she then turn around and counterclaim damges from his assault on her and damages to her property, i.e. Bichon Frise. I’m not familiar with California law but she might be able to get mental anguish or something similar. ---
**Author:** ![CanvasShoes](https://avatars.discourse-cdn.com/v4/letter/c/74df32/32.png) [@CanvasShoes](https://boards.straightdope.com/u/CanvasShoes)\ **Post date:** [March 4, 2003, 10:45pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/47 "2003-03-04T22:45:22Z")
> [@](#): > > \*Originally posted by cuauhtemoc \* > \*\*The son of a bitch - actually, that’s too good an epithet for him, how about… > > The piece of shit got exactly what he deserved. Unfortunately, when they let him out he’s going to do something worse, mark my words. People like that always do. \*\* 3 years wasn’t really enough. It’s not “just the dog”. The trouble with people like this, is that they usually START at things like this example of his road rage, and then they escalate. For instance, men who beat women frequently start out hitting inaminate objects (walls, smashing dishes, etc) and then move on to getting in the woman’s face, then slapping. Cite? Any book, article, textbook chapter, on spousal abuse and/or anger management will support this. It’s not likely that this guy was a perfectly sane human, who was suddenly and mysteriously driven by a bumper tap into the act of violence of throwing the dog into traffic. Likely he’d long exhibited violent and out of control behaviour. ---
**Author:** ![kambuckta](https://avatars.discourse-cdn.com/v4/letter/k/53a042/32.png) [@kambuckta](https://boards.straightdope.com/u/kambuckta)\ **Post date:** [March 5, 2003, 11:44am UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/48 "2003-03-05T11:44:59Z")
> [@](#): > > \*Originally posted by CanvasShoes \* > \*\*3 years wasn’t really enough. It’s not “just the dog”. > > The trouble with people like this, is that they usually START at things like this example of his road rage, and then they escalate. > > For instance, men who beat women frequently start out hitting inaminate objects (walls, smashing dishes, etc) and then move on to getting in the woman’s face, then slapping. Cite? Any book, article, textbook chapter, on spousal abuse and/or anger management will support this. > > It’s not likely that this guy was a perfectly sane human, who was suddenly and mysteriously driven by a bumper tap into the act of violence of throwing the dog into traffic. > > Likely he’d long exhibited violent and out of control behaviour. \*\* Oh geez…‘likely’ is not exactly, um…anything much is it. ‘People like this’ and ‘…men who beat women frequently…’ and ‘it’s not likely that…’ and “Likely he’d long exhibited [such] behaviour” is the terminology of the most pathetically substantiated post I’ve read in yonks. Got some cites for us **CanvasShoes**? I know this is the Pit, but your ‘argument’ lacks serious credibility by your gross misuse of generalisations and assumptions. Unless you are personally aquainted with the guy, how do you dare to suggest that he is likely to be any of the things you describe? ---
**Author:** ![Sacrilegium](https://avatars.discourse-cdn.com/v4/letter/s/f05b48/32.png) [@Sacrilegium](https://boards.straightdope.com/u/Sacrilegium)\ **Post date:** [March 5, 2003, 1:06pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/49 "2003-03-05T13:06:26Z")
> [@](#): > > but this woman was just a little bit more attached than is probably healthy I have a slightly different perspective on this. A guy I work with was a suspect in the case before Burnett was caught. He ended up talking with the police and with the pet owner. If what he tells me is true (and I have no reason to doubt him) she told him privately that while she missed the dog and was sorry it happened, it was “just a dog.” She indicated that the media and the public had made a much bigger issue out of this than she herself thought it was. The impression I got was that she went along with everyone on condemning the guy but people read more into her feelings than what was actually there. Of course, I have no proof of this, so take it with a grain of salt. ---
**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\ **Post date:** [March 5, 2003, 1:24pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/50 "2003-03-05T13:24:04Z")
> [@](#): > > \*Originally posted by Lissa \* > \*\*He can sue her for different things each time. > > This is America . . . you can sue anyone for anything. . \*\* But there are limits and remedies. He could be successfully sued for malicious prosecution. Also, a judge could declare him a [vexatious litigant](http://caselaw.lp.findlaw.com/cacodes/ccp/391-391.7.html). Judges do this as a last resort. > [@](#): > > (2) After a litigation has been finally determined against the > person, repeatedly relitigates or attempts to relitigate, in propria > persona, either (i) the validity of the determination against the > same defendant or defendants as to whom the litigation was finally > determined or (ii) the cause of action, claim, controversy, or any of > the issues of fact or law, determined or concluded by the final > determination against the same defendant or defendants as to whom the > litigation was finally determined. > (3) In any litigation while acting in propria persona, repeatedly > files unmeritorious motions, pleadings, or other papers, conducts > unnecessary discovery, or engages in other tactics that are frivolous > or solely intended to cause unnecessary delay. Once declared vexatious, he would not be able to file another lawsuit without prior approval from a judge. ---
**Author:** ![CanvasShoes](https://avatars.discourse-cdn.com/v4/letter/c/74df32/32.png) [@CanvasShoes](https://boards.straightdope.com/u/CanvasShoes)\ **Post date:** [March 6, 2003, 12:46am UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/51 "2003-03-06T00:46:46Z")
> [@](#): > > \*Originally posted by kambuckta \* > \*\*Oh geez…‘likely’ is not exactly, um…anything much is it. ‘People like this’ and ‘…men who beat women frequently…’ and ‘it’s not likely that…’ and “Likely he’d long exhibited [such] behaviour” is the terminology of the most pathetically substantiated post I’ve read in yonks. Got some cites for us **CanvasShoes**? I know this is the Pit, but your ‘argument’ lacks serious credibility by your gross misuse of generalisations and assumptions. Unless you are personally aquainted with the guy, how do you dare to suggest that he is likely to be any of the things you describe? \*\* Right from my post. Again, any textbook, article (Psychiatry today, etc), Text from anger management courses, etc etc regarding this type of behaviour and how it has been shown to be escalating behaviour in people who have anger management problems. In addition, one of the cites was already included in the OP, regarding the perp being under investigation for similar incidences. Good enough? How bout 1.) “Women who love too much” Robin Norwood. Has several chapters on how people who have anger management problems escalate from punching walls to kicking dogs, to punching women’s faces. 2.) Psychology Today (at least 5 times a year they have articles regarding this very subject), but then I quoted that cite in my original post. 3.) Psy Text books, both Psy 101, abnormal psy and human development (McGraw Publishers, but could be the other guys too, I’m not at the school so don’t have them right in front of me). I don’t do all my research on the web, does that mean they don’t count? ---
**Author:** ![CanvasShoes](https://avatars.discourse-cdn.com/v4/letter/c/74df32/32.png) [@CanvasShoes](https://boards.straightdope.com/u/CanvasShoes)\ **Post date:** [March 6, 2003, 12:49am UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/52 "2003-03-06T00:49:24Z")
Oh, and I apologize for the use of the word “likely” I do technical writing for a living, and when I post to the board from work, especially during a break in writing some boring report on Perc levels in the lake, it carryies over from time to time. Especially if I only have a short break. ---
**Author:** ![cuauhtemoc](https://avatars.discourse-cdn.com/v4/letter/c/ecb155/32.png) [@cuauhtemoc](https://boards.straightdope.com/u/cuauhtemoc)\ **Post date:** [March 7, 2003, 4:06pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/53 "2003-03-07T16:06:54Z")
> [@](#): > > \*Originally posted by kambuckta \* > \*\*Unless you are personally aquainted with the guy, how do you dare to suggest that he is likely to be any of the things you describe? \*\* Yeah. Maybe he’s a sweet, kind, loving, not-at-all dnegerous individual who threw a dog into oncoming traffic. Maybe the vicious bichon frise attacked him, and he was acting in self-defense. Maybe the dog was really depressed, and he committed suicide. Hey, maybe this never happened at all, and it was just a story invented by Dateline NBC to get people’s dander up, and you’re the only one smart enough to see through their lies. Or maybe people make judgements based on available information and express their opinions about it here. People agree, people disagree, but everybody picks their battles according to what’s important to them. Apparently the rights of people who kill dogs is something near and dear to your heart. Good for you. ---
**Author:** ![FairyDust](https://avatars.discourse-cdn.com/v4/letter/f/ccd318/32.png) [@FairyDust](https://boards.straightdope.com/u/FairyDust)\ **Post date:** [March 7, 2003, 9:29pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/54 "2003-03-07T21:29:16Z")
[http://onenews.nzoom.com/onenews\_detail/0,1227,44457-1-9,00.html](http://onenews.nzoom.com/onenews_detail/0,1227,44457-1-9,00.html) It’s mentioned in the third paragraph from the bottom. ---
**Author:** ![Stitch](https://avatars.discourse-cdn.com/v4/letter/s/c2a13f/32.png) [@Stitch](https://boards.straightdope.com/u/Stitch)\ **Post date:** [March 7, 2003, 10:20pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/55 "2003-03-07T22:20:48Z")
Three years is far too short a time. If it had been my dog, I’d have gotten out and killed the mother fucker on the spot with my bare hands ---
**Author:** ![FairyDust](https://avatars.discourse-cdn.com/v4/letter/f/ccd318/32.png) [@FairyDust](https://boards.straightdope.com/u/FairyDust)\ **Post date:** [March 7, 2003, 10:24pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/56 "2003-03-07T22:24:38Z")
I think because of California law, three years was the maximum the judge could give him. ---
**Author:** ![FairyDust](https://avatars.discourse-cdn.com/v4/letter/f/ccd318/32.png) [@FairyDust](https://boards.straightdope.com/u/FairyDust)\ **Post date:** [March 7, 2003, 10:32pm UTC](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450/57 "2003-03-07T22:32:43Z")
Here’s a link to a commentary on the three year prison sentence given to Andrew Burnett. [http://tom.weblogs.com/stories/storyReader$467](http://tom.weblogs.com/stories/storyReader%24467) [Previous page](https://boards.straightdope.com/t/killer-of-bichon-frise-sues-dogs-former-owner/158450.md?page=2)