The family of an elderly man fatally mauled by dogs last year on the city's West Side filed a federal lawsuit Friday against the City of San Antonio and the city attorney.
81-year-old Ramon Najera died in Feb. 2023 after American Staffordshire terriers attacked him, his wife Juanita, and several others.
The lawsuit was filed on behalf of Najera's wife and children.
It alleges the city knew the dogs were a threat to public safety due to several incidents that had been reported prior to the deadly attack, including bite wounds.
It says the city failed to take action and allowed Animal Care Services to release the dogs back into the community.
"Despite repeated warnings, prior to incidents of aggression, and clear evidence of the dogs' dangerous propensities, the City of San Antonio made the calamitous decision to release the animals back into the community," the lawsuit states.
“We are disappointed that the City is trying to place their culpability on the backs of the guilty Morenos," said Marion Reilly, an attorney for the Najeras, in a statement. "The City is just as culpable as the dog owners by knowingly releasing these killer dogs on our community.”
The attack highlighted ongoing difficulties San Antonio residents have faced with dangerous and loose dogs in the city.
Dog owners Christian Moreno and Abilene Scheider pleaded guilty last month to the charge of dangerous dog attack causing death — a second-degree felony punishable by up to 20 years in prison.
The second charge of recklessly causing bodily injury to an elderly person will be dismissed as part of the deal. Both are scheduled to be sentenced Sept. 20.
"The responsibility for the actions of pets lies with the pets’ owners, and in this case the owners have been found criminally liable," The City Attorney's office said in a statement. "The City has not yet been served with the suit. The City will investigate the claims and address them in the litigation if needed."
A proposal before the San Antonio City Council would raise fines for owners of loose dogs, give the city more authority to spay or neuter dogs they pick up and provide residents who report loose dogs more confidentiality.
