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Lady-Gray
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Lady-Gray is offline  
Location: TUCSON, AZ. USA
Joined: Oct 2017
Posts: 2
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02-10-2017, 11:42 PM

Please help stop this passive animal cruelty!

Nine months ago we gave our beloved dog named 'Lady', a two year old Australian Cattle Dog (Blue Heeler) to a neighbor down the street because after having her for 14 months it was getting very obvious she wanted some Canine companionship. I had bought two different smaller dogs at different times from two different pet shelters but they ultimately escaped under the fence. I even hired someone to run a dog retaining wire around the property which Lady basically chewed up before the job was completed. During her stay with us we had her spayed, she had all the vaccinations and we had her treated for Valley Fever. The dog was healthy, loved to play with different toys but was lonely since this a very active breed and my wife and I are both seniors. We gave [names removed] the dog completely free of charge, plus a beautiful large dog house, floor mats to keep warm and cool for winter and summer inside the dog house, toys, a water pool, a book about the training of dogs of this breed and two large bags of quality dog food. Our only condition was a request to visit the dog once in a while since it was only down the block. We went to visit the dog only once after which these people refused to let us see her anymore stating they were “too busy’. When my wife gave Lady to the neighbor I had been bedridden for three weeks with a stomach infection known as Helicobacter Pylori which would make me extremely nauseous just getting up long enough to go to the bathroom and it was just becoming too much for my wife to take care of me, Lady and the three cats.

Our cats generally like to go out for the night around 7pm. This past Saturday evening when my wife opened the door for them to go out they would back away from the door and run to another room. My wife took a flashlight, opened the door and asked me to come and look. She looked like she has seen a ghost. It is difficult for me to get up from the couch since I have Spinal Stenosis but she insisted I get up. I got halfway to the door and was completely stunned to see Lady, face bloodied from a gash on her nose, hip swollen and warm to the touch also bloody from a big gash on her hip probably from crawling under the fence trying to come into the house on three legs. She made it to her favorite spot on the living room floor and just flopped down. I examined her and called our Veterinarian’s answering service for an appointment on Monday. We gave her water and a little dry food and left her to rest until the morning. Yesterday my wife took her outside periodically and Lady started to hobble on her three legs following me around the house. She refuses to assert any kind of pressure on her left rear leg.

At 7 pm last night a search light came through our windows. A Sheriff's deputy was standing at our gate. So we put Lady on a leash and she hobbled the 200' to the gate. The deputy wanted to see if I had veterinary papers to prove I had previously owned Lady. So I walked back and came back with over $600.00 worth of vet bills. He then mentioned that the neighbor also took Lady to the vet. I asked him if I could see the papers. He stated that I would have to go to court for that! He also mentioned that the vet told my neighbor to "let the dog out in the sunshine"! Lady is an ACD....not a house couch potato. She has Hip Dysplasia from being cooped up inside. The Vet diagnosed her with Valley Fever which I paid to cure her of last year! The deputy then said I would have to surrender the dog or be arrested since the dog was considered the neighbors ‘property’. I told him to give me time to change my clothes but he said he would take the dog anyway even if I was willing to go to jail to keep the dog.

I ask you...if the dog was happy where she was, why would she hobble a long country dirt road, manage to get under a 4' to the ground fence and hobble another 200' to our front door having to lie down three times according to the tracks in our dirt driveway after having no contact with us for 8 ˝ months? If anyone reading this can suggest or refer us to a legal solution please help save our beloved Lady before it’s too late! She’ll be 3 years old on February 4, 2018.
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Bulldogs4Life
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Location: Pittsville, USA
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03-10-2017, 01:47 AM
What part is the passive cruelty?

I'm having little sympathy for you here. It's unfortunately Lady was poorly, but she could have escaped her me home and injured herself. I believe it is wrong for them not to let you see Lady, if they agreed beforehand, but without a contract it's likely not an issue you can push.

Basically you got a working breed who needs a job or exercise and mental stimulation. I do understand your physical situation, but adopting dogs (instead of fulfilling your dogs needs) wick ultimately escaped and? What happened to them? You're concerned Lady seemed to injure herself returning but adopted not one but two dogs.
If your dog is lonely it must be because she was in the backyard alone instead of working with her people.

Hip dysplasia is not caused my being cooped up in the house! This is laughable. HD is a polygenic disorder, that means it's a hereditary, genetic disorder. It can be influenced by the environment- made worse by over exercise when young, but generally it isn't something we have much control over.
Too my understanding Valley Fever is caused by fungus, so it is possible for a dog to have this more than once. It's likely due to the area you live in.

Not sure if she was happy at her new home or not. Dogs have instincts, part of that is returning home. If she was running about she might have had this urge to return to her original home rather than back to the new one, ther one with the people she knew from a younger age.
If you believe she's been neglected and mistreated you can go to court, but the sherrif is right at this point. You have to give the dog to the other owner, then you sort it in court. I would find an attorney and see if you have any legal grounds, though sounds like you gave the dog away free and clear.

How did the neighbor know you had the dog?
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Lady-Gray
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Lady-Gray is offline  
Location: TUCSON, AZ. USA
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04-10-2017, 12:11 AM
Forgive me for not being as 'educated' as you in the Canine department. I found Lady lying in front of our gate on November 8, 2015 when we returned from a trip into town. I could have turned her loose in the desert but I consider myself and animal advocate except where Pit Bulls are concerned. I wound up taking her to a Vet for shots, etc. AND to find out what kind of dog she was since I had never heard of the ACD breed. We decided to keep her because she seemed super smart and chose me as her Alpha, not knowing of her physical needs.

My wife and I are in our 70's which is why after 14 months we decided to give her to a neighbor with the understanding that we would be able to visit her on occasion since they were only down the street. They had a little poodle which they claimed also sought Canine companionship. My mistake was not getting to know these people before I let my wife give them the dog when I was sick.. After one visit they refused to let us see the dog again.

Passive cruelty is the situation she is in now. She can't walk so what use is she to the neighbor. The deputy did mention that when the neighbor took her to the Vet he told the Ochoa's to "let her out in the sunshine." They have less of an idea of the needs of an ACD then I did when I found her.

As for the two dogs that escaped under the fence, it sounds like you would want me and my wife to comb through the desert looking for them in 118* heat.

The neighbor knew I had the dog because I called them and asked for all the free merchandise they received from us along with the dog. Their answer was "You'll get the stuff when I get Lady back"! Does that make sense to you? All the merchandise they got for free was pertaining to the dogs welfare.

I hope I have answered most of your questions. Sit down for a minute and think what you would do if one of your precious Pit Bulls was in Lady's situation. What would you do? We gave Lady up for the simple fact that she was lonely and we were incapable of meeting her physical and mental needs. Better than keeping her captive and watching her stand on the patio and look out into the horizon or toward the sound of a barking dog, or so we thought. Now I wake up every morning wondering if these awful people just put her in the car and leave her in the desert someplace. Could you live with that? Look up the Great Sonoran Desert on your computer.
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Bulldogs4Life
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Location: Pittsville, USA
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04-10-2017, 04:28 PM
Originally Posted by Lady-Gray View Post
Forgive me for not being as 'educated' as you in the Canine department. I found Lady lying in front of our gate on November 8, 2015 when we returned from a trip into town. I could have turned her loose in the desert but I consider myself and animal advocate except where Pit Bulls are concerned. I wound up taking her to a Vet for shots, etc. AND to find out what kind of dog she was since I had never heard of the ACD breed. We decided to keep her because she seemed super smart and chose me as her Alpha, not knowing of her physical needs.

My wife and I are in our 70's which is why after 14 months we decided to give her to a neighbor with the understanding that we would be able to visit her on occasion since they were only down the street. They had a little poodle which they claimed also sought Canine companionship. My mistake was not getting to know these people before I let my wife give them the dog when I was sick.. After one visit they refused to let us see the dog again.
I understand your situation. As far as your physical limitations caused by illness and your age. Do you really feel you are in a better position to provide for her now? It was wrong of them on a human level to deny you to see the dog if they agreed and no problems came of it, but in a legal level it is hard to prove verbal agreement. If you don't have a written contract it is hard to win.

Dogs don't see people as alphas.

Passive cruelty is the situation she is in now. She can't walk so what use is she to the neighbor. The deputy did mention that when the neighbor took her to the Vet he told the Ochoa's to "let her out in the sunshine." They have less of an idea of the needs of an ACD then I did when I found her.
I guess I'm still a little confused. Your saying they don't let her outside so that's passive cruelty? Which it is a working dog who would need exercise and likely enjoy the outdoors. The dog came to your home though, so it probably ran away being outside? Unless they told you something different.

As for the two dogs that escaped under the fence, it sounds like you would want me and my wife to comb through the desert looking for them in 118* heat.
Uh yeah, especially if it was that hot. I'd be very concerned that the small dogs would become prey or succumb to the heat / dehydration. I have a friend who's dogs were playing outside, with him outside, but one ran off. He was very concerned and looked for the dog and feared the dog would die in the desert or be killed by predators and this was a large dog!

The neighbor knew I had the dog because I called them and asked for all the free merchandise they received from us along with the dog. Their answer was "You'll get the stuff when I get Lady back"! Does that make sense to you? All the merchandise they got for free was pertaining to the dogs welfare.
No it doesn't make sense at all. You will need to go to court over this and see what ruling you get, as it doesn't sound like the neighbor will change their mind.

I hope I have answered most of your questions. Sit down for a minute and think what you would do if one of your precious Pit Bulls was in Lady's situation. What would you do? We gave Lady up for the simple fact that she was lonely and we were incapable of meeting her physical and mental needs. Better than keeping her captive and watching her stand on the patio and look out into the horizon or toward the sound of a barking dog, or so we thought. Now I wake up every morning wondering if these awful people just put her in the car and leave her in the desert someplace. Could you live with that? Look up the Great Sonoran Desert on your computer.
I wouldn't give one of my dogs to someone I didn't know and didn't trust could provide for them.
If such a thing happened, I'd be upset that the owner didn't keep their word or provide for the dog. Simply I'd work it out with them or go to court. You need to find an attorney in your area to see if you have a case and to help you.

I know what the desert is like and I've 2 friends which live in the Sonoran Desert, one is very much out there (it's a vast wilderness) and the other lives in the city.
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Bulldogs4Life
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Location: Pittsville, USA
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04-10-2017, 05:45 PM
It seems to me that really your upset because your neighbor wouldn't let you see the dog (rightly so since they agreed and you care about the dog). But there might not be a legal case here, you will have to find out. There doesn't seem to be any cruelty.
Your acting as if being a house pet is bad or cruel, yet show no concern for your other dogs. The dog would likely thrive with exercise and a job even better, but the law won't see the lack of as cruelty. You or your wife presumably left your small dogs unsupervised in your yard in extreme heat. This was also on different occasions. Some times dogs escape, it happens once, maybe a mistake...but you adopted a second small dog knowing it could escape under your fence.
Dogs especially am ACD does need exercise but the officer saying the new owners vet said... that's hearsay. It's not going to fly in court and even a vet recommendation doesn't really count for much legally in this type of matters (ones in which it doesn't fall under cruelty or neglect).
So you need to go after them for breaking the verbal agreement. You might lose, but a lawyer thinks you have a case you might win. Unfortunately you didn't have a written contract stating she goes back to you if agreement is broken, but it's worth a shot if you feel strongly.
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