Lawsuit filed by Gurnee family whose dog was shot by cop to go to trial

A lawsuit filed by a Gurnee family who claim a village police officer shot and killed their daughter's service dog will be allowed to proceed following a ruling this week by an appellate court.

Gigi Gilbert, the attorney for Steven and Kim Kailin, said she expects the case to be before a federal jury by the end of the year.

A representative for Gurnee said the village does not comment on litigation.

The lawsuit claims around 8 p.m. on July 26, 2019, a Gurnee Police officer shot and killed the dog, named Timber, within 6 seconds of Kim Kailin opening the door to let the officer in. The Kailins had called police to report that their daughter had been the victim of possible criminal conduct so it was not an emergency response scenario, Gilbert said.

The officer, who Gilbert said no longer works for the village, claimed the dog was barking and growling at him, which the Kailins deny. The officer's body camera was capturing video but not audio at the time.

A federal court granted a summary judgment in favor of the village so the Kailins brought the case to the Seventh Circuit Court of Appeals in Chicago. On Tuesday, an appellate judge reversed the lower court's decision.

"We are very pleased that the Seventh Circuit did the right thing," Gilbert said. "We welcome a trial in this matter."

Gilbert said the family is seeking compensatory and punitive monetary damages for the illegal shooting of the dog.

A trial date has not yet been set.