File Photo – Gurnee Police Department | Photo: Woo-Sung Shim / Lake and McHenry County Scanner

A federal appeals court has ruled a lawsuit can proceed against a Gurnee police officer who fatally shot a child’s support dog while responding to a non-emergent call.

The incident happened around 8 p.m. on July 26, 2019, after Steven Kailin called the Gurnee Police Department.

A lawsuit filed in the U.S. District Court for the Northern District of Illinois said Kailin called the non-emergency number to ask for assistance regarding an incident involving his 17-year-old daughter and another teenager.

Gurnee Police Officer Delante Greer responded to the Kailin family home and approached the front door.

Steven Kailin’s wife, Kim Kailin, opened the door and the family dog, Timber, went to the woman’s side, according to a complaint.

Court documents said Greer had asked Kim Kailin to put the dog away.

Timber went outside barking and ran towards Greer before trying to bite the officer several times, court documents said, which the family disputed.

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The complaint said Greer ran through the bushes toward a neighbor’s yard.

Greer pulled out his service weapon and fired two shots in the direction of Kim Kailin and the dog, the complaint said.

Timber was struck by the gunfire and died. The dog was a certified emotional support animal and had no history of aggression, attacks or bites, according to the complaint.

The lawsuit claimed Greer’s use of deadly force was “unreasonable” and the officer “did not have legal justification.”

The Gurnee Police Department ruled the use of force was reasonable and necessary.

A judge in February 2022 dismissed the case after the village filed a motion for summary judgment.

The Kailins appealed the ruling to the U.S. Seventh Circuit Court of Appeals.

The appeals court earlier this month issued a ruling reversing the lower court’s decision to dismiss the case.

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The appeals court said the lower court erred in concluding that the bodycam video of the incident left no room for interpretation.

“Resolution of the question of what Timber was doing and how she was behaving is key to determining the reasonable-ness of Officer Greer’s actions and therefore not only liability on the Fourth Amendment claim, but also on the Monell and indemnification claims,” the court said.

Six months prior to the shooting of Timber, Greer shot another dog while on duty serving a citation at a residence in Round Lake.

Greer was also sued in that incident. A settlement was reached in the case in July.