City of Delray Beach v. St. Juste
989 So. 2d 655 (Fla. 4th DCA 2008)
The city of Delray Beach sought review of a judgment awarding damages to a pedestrian due to an attack on her by two loose dogs. The pedestrian was attacked and severely injured by two large dogs when they escaped from the city resident's fenced yard. The city had an ordinance which provided for impoundment of dogs found running at large. It was noted that the city's animal control officer had responded to a call months before the subject incident indicating that the same dogs were loose, but rather than impound them, she put them back into their fenced yard because she believed that the dogs were friendly. Similarly, two calls to police regarding attacks and/or bites by the dogs did not result in impoundment of the dogs, and there was no impoundment following other incidents reported to animal control. On appeal, the court disagreed with the trial court's resolution. It noted that the decisions made by the police and the animal control officer regarding whether or not to impound the dogs were discretionary and that such actions were within the city's immunity from liability.