What would you do if Animal Control took your dogs from a hot car to the Idaho Humane Society? For one Oregon woman, the answer was to file a tort claim.

A tort claim is not the same as a lawsuit, it’s a notice someone believes a wrong has been committed and is preserving a right to sue. This claim, filed last month, was sent to the city of Boise and Ada County.

The city of Boise said it does not comment on pending or potential litigation.

On July 26, 2022, Animal Control Officer Chandler Kumpula drove to the Cole Road Costco, the tort claim said, apparently following up on a report of animals in a vehicle. The claim said Kumpula was acting “in her official capacity as an Ada County Sheriff’s Deputy.”

“Deputy Kumpula noted a vehicle with Oregon license plates which contained two golden doodle dogs,” the claim said.

Kumpula allegedly saw the windows partially cracked, though the claim said the windows were rolled halfway down. The claim also said Kumpula took temperature readings of 78.7 and 98.8 degrees Fahrenheit inside the car, and a temperature reading of 116 degrees Fahrenheit outside the car.

Water bowls were left outside the car, the claim said.

“Deputy Kumpula removed the dogs from my client’s vehicle and transported them to the Idaho Humane Society ‘to be evaluated for heat related health problems.’ There are no records of the dogs being evaluated and/or treated for any heat-related health problems,” the claim said.

The dogs’ owner, Shelby Greb, was cited for two misdemeanor counts of cruelty to animals. Both were dismissed in November.

“The county and the city are liable to my clients under 42 U.S.C. § 1983 for the unlawful seizure of my clients’ property,” the claim said.

The claim asks for over $3,000 in lost wages, travel from Oregon to Boise for court, impound fees, a hotel and a dog safety class.

“Additionally, punitive damages in the amount of $25,000 is warranted to deter the kind of rogue state action in which Deputy Kumpula engaged in this matter,” the claim said.

The city of Boise updated its code about animals and pets in 2021. One of the changes prohibits leaving animals “unattended in cars under weather conditions that endanger their well-being.”

The Idaho Humane Society recommends leaving your pet at home if temperatures exceed 72 degrees.

Signs of distress in a dog include panting without closing its mouth, frequent drooling and lethargy. Dogs with shorter snouts will have a harder time cooling down. How a dog reacts depends on the dog, so a Chihuahua which likes the heat might do better than a husky, for example.