New England Patriots linebacker Derrick Burgess is being sued about a pack of roaming pit bulls he apparently ownes. He is being sued by a neighbor living out on Highway 328 (which is the highway that runs parallel to the Yocona River, just north of it, from Highway 7 to the West until almost the county line; if you go from Oxford to Taylor using Highway 7 instead of Old Taylor Road, you would travel on it). Allyssa Shnugg writes about this in today’s Oxford Eagle:
A neighbor of former Ole Miss Rebel and NFL player Derrick Burgess is suing the New England Patriots linebacker for damages caused by Burgess’ roaming American Pit Bull terriers.
The complaint, filed last month in the Lafayette County Circuit Court by Brent and Jennifer Johnson by their attorney, Justin Cluck of Holly Springs, alleges that Burgess, and his wife, Xanaka Burgess, allow their 10 to 15 pit bulls to run freely in the county neighborhood on Highway 328. The Johnsons claim the dogs have killed several of their pets, chickens and have been aggressive to them, their children and other neighbors.
“We are hoping to feel safer at our house,” Jennifer Johnson said Wednesday. “For two and a half years prior to filing this suit, we had exhausted all other means and it still continues. For the safety of our children and other pets, we felt this was the only way he had left to resolve this issue.”
Alleged attack
According to the complaint, in January 2008, the Johnsons claim they began noticing a pack of pit bulls roaming on their property, which is adjacent to the Burgess’ home.“At times, the dogs were aggressive toward the Johnsons and their three young sons, ages 5, 7 and 11,” the complaint reads.
In April 2008, Jennifer told the Lafayette County Sheriff’s Department that she found her litter of 6-week-old kittens “horribly mutilated” in her carport that morning. She told the deputy she saw the Burgess’ pit bulls in the carport at the same time but they ran back over to the Burgess home when she opened the door. She said the dogs also attacked her basset hound, but it survived the attack.
On May 25, 2008, Brent Johnson heard a disturbance on his carport and found the Burgess’ dogs attacking and killing two more of the Johnson’s pet kittens. Later that day, during another attack by the dogs, Jennifer was able to spray one of the dogs with silver paint. The sheriff’s department was called out again and Jennifer described the dogs, including a female that had just obviously given birth to a litter.
The deputy spoke to Derrick Burgess at his home. He denied his dogs were out of their pen that day. But after the deputy examined the dogs and found one with silver paint on his fur and another female dog who had just given birth to a litter, Burgess admitted he does permit his pit bulls to run loose for a certain amount of time during the day because “they are being kept up since the two females both have litters of puppies,” according to the LCSD report.
On Aug. 11, 2009, the Johnsons contacted the sheriff’s department again after finding 20 of their chickens and another kitten either killed or mutilated by the pit bulls. The responding deputy spoke to Xanaka Burgess on the phone who said she had released the pit bulls from their pen that morning, according to the LCSD report.
Several other reports from the sheriff’s department were attached to the complaint that detailed several calls to the Burgess’ home in regards to the dogs running loose.
There is no leash law in Lafayette County.
“We have a problem in the county,” Sheriff F.D. “Buddy” East said. “We get a lot of calls about dogs running loose. People are scared. Their kids can’t get out in the yard. We try to deal with the best we can. Most people do cooperate with us. It’s just getting worse all the time.”
Neither the Burgesses nor their attorney, Swayze Alford, could be reached for comment. An answer to the complaint had not been filed as of Wednesday.
Derrick Burgess has lived on Highway 328 since 2005. Born in 1978, he attended the University of Mississippi from 1997 through 2000.Pit
In Death in the Afternoon, Hemingway comments about people opposed to bullfighting. I do not remember the precise quote, but he says something to the effect that he has observed that people who profess the most love and compassion toward animals often feel the least compassion about the suffering of other human beings. I have always liked dogs, but recently I’ve noticed that many dog owners are becoming increasingly callous about the danger their animals pose to other people.
Lafayette County needs a leash law. That’s right, I said it. I don’t care if you have 5 acres and want your dogs to run all over your property. In fact, I recommend that. Dogs need to run. But if they leave your property, they need to be on a leash. For the life of me, I can’t see how anyone can say that’s intrusive into what “someone does with their property.” I don’t see what the big deal is. When doing this story, several sources all told me it’s a sensitive issue and that county folk don’t want to hear nothin’ about a leash law. Someone please tell me the thought process behind this and why anyone would think it’s just OK to allow YOUR pets to run on someone else’s property?
Sounds like a column…
Various well cared for prize hunting dogs roam my Oxford suburban neighborhood early in the morning because their owners are too lazy to get up and take them for a walk. They tip over cheap garbage cans and poop on other folks lawns, including mine, but the owners areny taking any of the (bleep) of course. I won’t replace my late beloved dog because we haven’t built a fence yet. Wish other owners would be similarly responsible for their own beloveds. It’s not fun nearly running over someones pet as turn in your own driveway.
A Vietnamese restaurant. That’s the ticket. Oxford needs a Vietnamese restaurant. I think I’ll call Saigon Le, Pho Saigon and Pho Pasteur in Memphis and see if they have young adults wanting to branch out …
When did Buddy East retire?
The Sheriff East I knew when I used to live in Lafayette County would not have allowed a pack of pit bulls to roam the county.
WS
We live in a nice neighborhood in the County, but my retired state trooper neighbor walks with a golf club out of fear for the roaming dogs! It is a difficult situation. We enjoy the visits we get from neighborhood dogs who stop by for some water, company or a game of fetch, but kids ought to be able to ride their bikes without fear of being bloodied by a dog and my neighbor should not have to carry a golf club to enjoy an evening walk, so I’m all for a leash law.
12 Gauge Shotgun and 00 Buckshot and the pitbull problem is solved.
How many people can/will afford legal counsel to pursue a dogs-outta-control civil action? Owners who let their dogs run loose might as well paint bullseyes on their “pets.”
Shoot ‘em. Can’t you wait until they’re on your property, placing you in fear of your life and health, and then just shoot ‘em?
In response to Lydia, I live in the country, have dogs, and fully agree with your position that dogs leaving your property should be on a leash, and not running free onto others’ property. My dogs are free to roam my property, consisting of approx. 6-7 acres. But, I train them not to leave my property —for their own protection (county road hazard, from angry neighbors, etc.) as well as to prevent them from becoming a nuisance to someone else. Count me as one who cannot understand the mindset of those who think it an abomination to keep their animals on their own property and under control —especially breeds like a pit bull.
Hatfield’s solution above is one that I might employ in the event of a recurring threat from an agrressive pit bull. I am simply not going to tolerate being terrorized by someone else’s dog on my own property. Period, leash law or no lease law. I love dogs. And would hate to be put into a position to do such a thing. But, I would, if necessary, for the protection of my family.
In a related ongoing, recurring issue, I do have a problem with deer hunters who use dogs as part of the hunt. Typically, they will turn these dogs loose on a small tract of public land near my property, where it is legal to do so when the season is open for deer hunting with dogs, and then allow the dogs to cross over adjacent private property when the dogs are running deer. They claim they can’t control where the dogs go. And of course they can’t once they let them go. But, my counterpoint is that it is unreasonable to think that these dogs are going to stay on the small tract of public land upon which they were released, and that these hunters therefore obviously fully intended for the dogs to run deer across the adjoining private properties such as mine. Not all, but most of these type hunters (the ones in my area for sure)will wait in a vehicle on a public road (including the public road that runs in front of my house) for the dogs to run the deer close to them, then get out of their vehicle, and shoot at a moving deer from or immediately next to their vehicle parked on the road. This is a very dangerous practice for the country community in which I live (not to mention that the shooting of any game animal from a public road is illegal). Right now, I have all but assured them of the death of their dogs should they continue to cross my property in this endeavor, and quite possibly their own death in the event one of their bullets harms my family. And so far, the activity has stopped —-my bluff is working. The crazy, eccentric lawyer routine has been successful. The day that my bluff is called will likely be coming though, and I am not certain what the best course of action might be. The local game warden is buddies with these folks and will not do anything about it (this game warden lives less than a mile from my home and is quite worthless). And the local Sheriff’s department is not interested in solving this problem. If I do kill one of these marauding dogs, it will surely spark a feud that could get out of control. I am thinking about maybe capturing one of the dogs while on my property and holding it for evidence in some sort of legal action. I may be involved in one of these types of lawsuits in the future — and hopefully not as a criminal defendant (Ha).
NotZachScruggs if you fear for your life and are not on your own property wouldn’t you still be able to defend yourself? I would never consider shooting a dog because it was pestering me, but attacking or the threat of attack is a different story. I think you would be justified. I wonder what the Law says about this issue.
If you are scared of bodily harm and you defend yourself (Shoot the Dog) even if you are not on your property. I just don’t see what position the dog owner would have if they let the dogs run loose.
My understanding is that it is illegal to restrain, cage or otherwise keep someone’s hunting dog that you find on your property. I guess I need to look it up, but I remember a case about 20 years ago…
Hatfield, I agree on the property point (I don’t think it matters where you are), but it might be helpful if Derrick comes over and asks, “Why are you burying my dogs?” to be able to say, “I shot them in self defense in my own backyard.”
AFOTL: You state, My dogs are free to roam my property, consisting of approx. 6-7 acres. But, I train them not to leave my property ….
Just curious: how do you train dogs to know property bounds? My dogs are pretty smart, but I don’t think any of ‘em read maps or property descriptions.
Mine knows exactly where the property lines are located and he STOPS bigtime when he gets to them. It only took a few times of him continuing past the DMZ and getting spanked and a couple more harsh words like “NO” or “STOP” and he’s had it straight for about five years now. No matter how close he gets to catching the squirrel or ducks he’s chasing he never forgets. Consistency is a wonderful thing. Wish it worked half as good on my kids. :)
A relative of mine had this exact same problem, again with pitbulls killing pets and threatening the family. She called the Sheriff, and was told she couldn’t shoot the dogs, as she would be subject to both criminal and civil actions. The *wink-wink* advice, delivered in thinly veiled terms: just hide/dispose of the bodies. The deputy also told her the hunting lobby had successfully passed legislation forbidding homeowners from shooting dogs on their property.
Truth or fiction? I’ve scrolled through the Mississippi Code, and haven’t found this law.
Bottom line, though–a leash law would keep the burden of animal control where it belongs: with the pet owner. My relative would not have the heart to shoot a dog unless she caught it threatening one of her children. It’s a lot to ask of many folks when you wish to protect property or pets. Despite being well-armed and a damn good shot, I may have the same difficulty, even as much as my neighbor’s roaming pack pisses me off.
I have 2 pit bulls and they are the sweetest, most good natured dogs I’ve ever had. As a matter of fact, I’ve never been around a pit bull that was aggressive to humans. I know mine would never hurt anyone. I still DO NOT let them run loose. I am in favor of a leash law for all breeds. People are afraid of large dogs and don’t know whether or not they’re friendly. I would be concerned for my dogs’ safety if they were running loose. My neighbors need to witness responsible pit bull owners and well behaved pit bulls. I agree the Burgess’ should keep their dogs put up. However, the dogs did run off when Mrs. Johnson opened her door, and that doesn’t sound like they were being aggressive toward her. If they are really that concerned for their safety, why not find a way to just get rid of the dogs? Why sue? I can’t help but wonder if the Johnsons are just gold digging the pro football player…
I disagree with a leash law, people have lived in this community for years with no leash law. They love to hunt with their dogs and walk their dogs (without leashes), it’s part of the country tradition and way of life. There is nothing worse than someone moving from the city to the country, and then asking everyone in the country to change their way of life. If you drive through any county in the area you’ll find dogs wandering free. I wonder if anyone has ever been attacked by a dog in the county. Sometimes chickens, pigs, livestock are killed in the country. That’s because there is coyotes, foxes, wild cats and many other predators that live in the country, it’s the way of life. If his dogs are eating your live stock and killing your pets do what the rest of the country folks do, tell him about it, then if nothing changes, shoot them. But I guess I get your point, it’s more lucrative to sue than to shoot.
HAVING BEEN BREEDING,STUDYING,TRAINING,AND OWNING DOGS AND SUPPLYING DOG RELATED EQUIPMENT FOR WELL OVER FIFTY YEARS I HAVE LEARNED MORE THAN A BIT ABOUT THEM.
SELECTIVE BREEDING MAKES THE TRAITS OF A DOG ,BOTH MENTALLY AND PHYSICALLY
PIT BULLS ARE USED IN MISSISSIPPI GENERALLYFOR FIVE. MAIN REASONS
1.) FIGHTING AND KILLING ONE ANOTHER IN THE HORRID
ENDEAVOR OF DOG FIGHTING (GAMBLING IS FERVENT)
2.)BEING THE “CATCH” DOGS IN PULLING DOWN WILD HOGS
THAT A PACK OF HOUNDS CAN NOT SUBDUE
3)DEMONSTRATING THAT THE OWNER IS A “BAD DUDE”
AND GUARD DUTY FOR HIS PREMISES
4.)GUARD DUTY FOR UNATTENDED PREMISES
5.)PETS WHERE THEY ARE GENERALLY THOUGHT OF BY THEIR
OWNERS AS SWEET AND GENTLE, NOT LIKE A BEAGLE.
MANY ATTACKS ON CHILDREN (OFTEN FATAL)
ARE BY PIT BULLS WHO HAVE PLAYED WITH THEIR
VICTIMS FOR A LENGTH OF TIME
I DO NOT LIKE PIT BULLS FOR ANY OTHER USE THAN THAT FOR WHICH THEY WERE BRED,,,AGRESSIVE AND BRUTAL DUTY. RESTRAINT IS NECESSARY. LETTING THEM RUN LOOSE IS ASKING FOR DANGER AND OFTEN TROUBLE.IN SOME LOCALES OWNING THEM IS FORBIDDEN BY LAWS FOR PROTECTION OF THE PUBLIC
CAVEAT CANIS !