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Justice for Maximus: Family of dog shot by police files $1 million lawsuit

Maximus, killed by off-duty police
Maximus, killed by off-duty police
Samantha Maglaya

A family whose puppy was killed by Chicago police has now filed a lawsuit, Courthouse News reported May 21.

This Examiner article covered the story last spring.

Samantha Maglaya, on behalf of herself and her minor daughter, sued Chicago and police Officers Michael Kumiga and Michael McGlade, and former Officer Don Kumiga.

Maximus, a 19-week-old puppy, was killed by Chicago Police Department officer Kumiga on May 17, 2013. Owner Samantha Maglaya had just returned from picking up her kids from school, and let the puppy out side to use the bathroom.

Maximus ran around the house to the front lawn, playing and tail wagging. Samantha ran after the pup so she could bring him back inside. Unfortunately, tragedy struck.

It's stated in the lawsuit that Maximus began chasing a boy riding a bike, at which point the boys father, Officer Kumiga, an eight year veteran with the Chicago Police Department, shot Maximus.

Kumiga stated he shot Maximus in order to protect a citizen, which was his 5-year-old son. Kumiga claims the dog was viciously chasing the boy.

Samantha claims there was no child riding a bike near her home when the shooting occured.

The pup died from his injuries, and the Chicago Police Department refused to take her statment regarding the incident. Instead, Samantha's husband, Anthony Robles, was fined for having Maximus off a leash and not wearing his dog tag.

Samantha added

"(T)he CPD [Chicago Police Department] attempted to clean up the scene of the shooting by hosing the blood off Ms. Maglaya's sidewalk, collecting the spent bullet casings, and asking Ms. Maglaya's 15-year-old daughter to help with clean it up."

Defendent McGlade, who lives near Samantha, reportedly told at least one neighbor that he, Officer Kumiga and Mr. Kumiga had all agreed to ensure Samantha could not have Max, nor any other dog.

Samantha also believes those listed above conspired that because she lives in the neighborhood on Section 8 housing, and she's not an American, she should be run out of the neighborhood.

The lawsuit states Samantha is seeking more than $1 million in damages for for illegal seizure, excessive force, conspiracy, negligence, , aggravated cruelty to animals, emotional distress, willful and wanton conduct, and trespass.

Samantha is represented by Masoud Mirsafian.

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