# MSPCA cops out there?



## Sam1974 (Apr 8, 2009)

Well.. let me start out by saying that this has been the most chaotic week of my meager existence. I am looking for some information on holding people accountable for their actions. I am beyond flustered with this situation that directly involves me. 

The situation goes as this. Bear with me so that you get the gist of the story. I will save certain details to keep it brief...

There is an 8 1/2 year old German Shepherd who has severe anxiety. He sucks his bed and anything soft to sooth this anxiety. I was called in back in January (by the original owners who posted adoption on Craigslist) to help the new owner acclimate the dog to his new enviroment. I worked with the dog, put together a Canine Behavioral Modification Plan and stressed to the new owner the severity of his issues. She signed a contract stating that she would care for him and in the event that she could not, she contact me immediately upon her decision.
I made weekly visits to the house to ensure all was going well and that I was reachable via the phone anytime she needed me. 

A month goes by and she sends me an email that stated that she had already listed the dog as "Free to a good home" on craigslist without disclosing his problems. Someone came and took the dog and she said how sorry she was and blah blah blah...
SOOOO She wont return my phone calls or emails so I asked around to some of my contacts in the dog world if they had received information on the dog. We had a few leads but weren't able to locate this dog.

2 months go by and on Wednesday night, I was walking out of a local pet store after dropping my foster off for grooming. I am about to walk out the door and see this GSD walking in with a couple i didn't recognize. I recognized the dog, though. I walked up to them and introduced myself and looked the dog sqare in the face and called him by name. He knocked me over and smothered me in kisses. I was estatic to see that the dog had not been put down due to the severity of his problems. This couple stated that they had recieved him off of craigslist one hour prior and he was $50 for an adoption fee and that they were the 4th couple to take the dog since February. They said "ohhh he's in his forever home and we will deal with what ever problems he has, as a family". I said "ok then" (not that i believed them...lol) they asked me for advice as how to introduce their existing dog to the GSD. I told them how to do it to minimize territorial issues with their current one. I know he has it by the way they described his behavior...
So as the conversation continued, they informed me that they had recieved a copy of his action plan and that they were going to review it when they got home and contact me with any questions. I told them I would be back in a couple of hours to pick Duncan up at the groomers. I said my goodbye's and went on my way. I went back around 8:30 to pick up my foster and went home. 
About 10:30 I get a call from this couple, who were crying and all upset that the GSD tried to eat their dog. I asked them if they followed my directions and they said "no" and that their dog had lundged across the floor and grabbed the GSD by the face so he picked up their dog and threw it across the room and went into a frenzie. They begged me to take him and I told them that I already had one foster and didn't have the time to spend rehabilitating him but i would come to their house and help them with the adjustment period and I wouldn't charge them for my time. 

here is where I have the problem....

About 2am on Wednesday night, i hear barking and whining coming from my front porch. I walk outside and there is this GSD, tied to my porch... They had dropped him off and left him on my porch at 2am. 
NO ONE knows where i live so that means they planned this by following me home from the store at 8:30 and waiting until i went to bed before abandoning him on my property. I know that the contract the person originally singed isn't legally binding but it's more like a promise so i have no question about that...

My questions are:
1. is it considered abandonment if they assumed i would care for the dog if they left him there, or because they left it with someone responsible?
2. Can they be held accountable for any of their actions?
3. what exactly have they done wrong? Considering the law views a dog as "property" is it the same as me dropping off my trash on someone's porch? (not to be stupid but seriously, is it considered the same thing?) 

This isn't about them "abusing the dog" it's about their careless actions and trying to FORCE me to take him. 

There are some hefty medical expenses coming up for this dog and i am not happy about that... In my eyes, he has to stay here. he has SEVERE separation anxiety from being abandoned so many times in his life and obsessive compulsive disorder so NO ONE will adopt him in his current state. That is why i am asking... I'm not sure if there is anything the law can do to make them PAY for pissing me off...


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## Guest (May 4, 2009)

M.G.L. - Chapter 272, Section 77

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES

TITLE I. CRIMES AND PUNISHMENTS

CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER

Chapter 272: Section 77. Cruelty to animals

Section 77. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or kills an animal, or causes or procures an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed; and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training therefor, as lure or bait a live animal, except an animal if used as lure or bait in fishing; and whoever, having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter, sanitary environment, or protection from the weather, and whoever, as owner, possessor, or person having the charge or custody of an animal, cruelly drives or works it when unfit for labor, *or willfully abandons it*, or carries it or causes it to be carried in or upon a vehicle, or otherwise, in an unnecessarily cruel or inhuman manner or in a way and manner which might endanger the animal carried thereon, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment. 
In addition to any other penalty provided by law, upon conviction for any violation of this section or of sections seventy-seven A, seventy-eight, seventy-eight A, seventy-nine A, seventy-nine B, eighty A, eighty B, eighty C, eighty D, eighty F, eighty-six, eighty-six A, eighty-six B or ninety-four the defendant shall forfeit to the custody of any society, incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals, the animal whose treatment was the basis of such conviction.

-- You might have an issue proving their ownership in the first place, but as far as I know, there is no 'baby safe haven' equivilent for animals?


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## Guest (May 4, 2009)

Call the MSPCA PD in Boston and ask for Officer Parkhurst. You can also PM Quality617 on here. Hope this helps. Don't get used to me being this nice to you  I'm doing it for my love of GS'


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## Sam1974 (Apr 8, 2009)

aweee sniper, thank you.. i know how hard that was for you  BTW, he is a phenominal dog when he isn't having a panic attack or sucking on his bed...

MTC, When they called me, I got thier phone number (via cell caller ID) and first names. Thursday, I went back to the store and talked to the manager who saw me talking to them and asked her if she knew the couple. They are regular customers in the store and they have had problems with them adopting Rats before (problem customers, go figure. Their dog has killed 2 of the rats within the 14 day retuen period and they wanted to return them and when they weren't allowed to, they threw a fit). Since they are required to fill out an "adoption contract" when you purchase a furry little critter from the store, the manager told me they would provide LE with any information they can about the couple from the contract. The management knows me there since I will use their store as a temperment test on dogs that I foster. I take them there to test whether or not they are dog/child/other people friendly in a controlled enviroment from 10-20-30-50 feet away on a leash and in their training arena as these "triggers" walk by.


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## KozmoKramer (Apr 25, 2004)

Sam1974 said:


> ...he is a phenomenal dog when he isn't having a panic attack or sucking on his bed...


Sammy - are you sure your talking TO Sniper and not ABOUT Sniper????


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## L4G81 (Nov 12, 2006)

LOL



KozmoKramer said:


> Sammy - are you sure your talking TO Sniper and not ABOUT Sniper????


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## quality617 (Oct 14, 2003)

5-0 said:


> http://www.mass.gov/legis/laws/mgl/272-77.htm
> -- You might have an issue proving their ownership in the first place, but as far as I know, there is no 'baby safe haven' equivilent for animals?


That's correct, there is no 'safe haven' for animals. Also, the law specifies not only the owner, but also anyone having "charge or custody of an animal, either as owner or otherwise", so you would only have to prove as far as having custody, owner or not.


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## Kilvinsky (Jan 15, 2007)

Go git 'em Sam. People who are cruel to dogs are *scum*.

Cats, eh, whatever.

KIDDING! Don't come after me with a big bat or anything, please.


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## L4G81 (Nov 12, 2006)

That would be Sam and myself coming after you then! Haha. 



Kilvinsky said:


> Go git 'em Sam. People who are cruel to dogs are *scum*.
> 
> Cats, eh, whatever.
> 
> KIDDING! Don't come after me with a big bat or anything, please.


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## Nuke_TRT (Feb 10, 2008)

L4G81 said:


> That would be Sam and myself coming after you then! Haha.


That could be interesting.  What if I told you I abused my monkey?


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## Sam1974 (Apr 8, 2009)

I am not passionate about monkeys, nuke LOL
Well maybe I am but u can abuse your money as long as you bathe it after LOL

I plan on making them pay. Just need to figure out my game plan.


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## Guest (May 4, 2009)

KozmoKramer said:


> Sammy - are you sure your talking TO Sniper and not ABOUT Sniper????


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## Sam1974 (Apr 8, 2009)

I talked to the Vet today, Chance and I are going to stop by there to get a weight on him and a check-up to before she prescribes him fluoxetine... That should help him. I got him the Excel natural calming charm for his collar. It works like the DAP plugins but it clips to the collar. It is refillable with this pheromone pad so i got some more refills for it to make sure i have it for him. That way no matter where he is, he is getting a calming sensation. He is also going to be on the Quiet Moments as we wait for his new meds to kick in. 
I got him some super yummy treats that he almost took my hand off for today..lol That is the response i want so maybe when we're out in the world and working on his anxiety, he can remain focused on me, for the most part, if the treats i have are irrisistable...
He also is getting groomed tomorrow so he can look dapper. The groomers agreed to let me hang out while they bathe and clean him up. He needs his nailed trimmed badly and i figure he won't stress as bad if i am there during the process. Then again, we'll see because it may make him worst. If that's the case, i will leave..


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## L4G81 (Nov 12, 2006)

Thanks for the update Sam! You're doing a great job on this, keep me posted.



Sam1974 said:


> I talked to the Vet today, Chance and I are going to stop by there to get a weight on him and a check-up to before she prescribes him fluoxetine... That should help him. I got him the Excel natural calming charm for his collar. It works like the DAP plugins but it clips to the collar. It is refillable with this pheromone pad so i got some more refills for it to make sure i have it for him. That way no matter where he is, he is getting a calming sensation. He is also going to be on the Quiet Moments as we wait for his new meds to kick in.
> I got him some super yummy treats that he almost took my hand off for today..lol That is the response i want so maybe when we're out in the world and working on his anxiety, he can remain focused on me, for the most part, if the treats i have are irrisistable...
> He also is getting groomed tomorrow so he can look dapper. The groomers agreed to let me hang out while they bathe and clean him up. He needs his nailed trimmed badly and i figure he won't stress as bad if i am there during the process. Then again, we'll see because it may make him worst. If that's the case, i will leave..


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