REHOBOTH — A judge has refused to order the return of a pet dog that is at center of lawsuit against the town and its police department.
New Bedford Superior Court Judge Raffi Yessayan denied the request by Lorraine Nye and her daughter Cheryl Devolle, writing they “failed to show that immediate and irreparable injury loss or damage will result.”
The decision came down Friday, a day after the judge heard the pair’s request for a preliminary injunction.
The family dispute over the 12-year-old dog, Lucy, is at the center of the lawsuit filed by Nye, 77, and Devolle.
They allege police violated their civil rights by entering Nye’s home without a warrant or a court order to take Lucy from Devolle.
They are seeking $500,000 in damages for medical and legal costs as well as unspecified punitive damages.
Police Chief James Trombetta has declined to comment on the suit.
However, Millis lawyer Jason Talerman of Mead, Talerman and Costa LLP, said the police did nothing wrong.
“We believe the actual facts of this matter reveal the police department, as indicated in police reports, acted in cooperation with the property owner in all circumstances in compete compliance with the law,” Talerman said.
In his decision, the judge also wrote that Nye and Cheryl Devolle failed to show a likelihood that they would succeed on the merits of the suit.
Lucy is in Framingham with Cheryl Devolle’s 21-year-old daughter Heather, who argued last Thursday that the dog was given to her as a gift when she was younger.