How Do I Sue an Animal Control Officer for Not Identifying Himself?

Full question:

I was approached in the Park by my house by Animal Control. I was walking my dogs at the time, and the Animal Control Officer asked me for ID. Before presenting my ID, I asked the Officer for his ID. He would not provide any and instead pointed to the emblem on his shirt which looked generic and I could not make it out as belonging to Animal Control. I have 2 Chihuahuas and I picked them up and returned to my house and the Animal Control Officer followed me. I wrote a letter to the Dept. Of Health & Human Services to report the incident, but have received no response. This was a pretty scary situation to me and I would have liked the Dept. of Health & Human Services to take corrective action. However, since they have not responded, I would like to file suit against the city so that someone will take this situation seriously. How would I best go about doing this?

• Category: Civil Actions
• Date: 04/07/2025
• State: New Jersey

Answer:

We are unable to determine the basis for your lawsuit. Generally, even though a right may have been violated, one also needs to show harm suffered to recover a judgment in court. If your complaint is that the person didn’t properly identify himself, you would need to show how the situation created harm compared to if the officer asked you to leave with proper identification. We suggest you take the matter up with your local council person. The requirement for identification will be governed mainly be administrative regiulations of the local government and policies of the animal control department, rather than state statute. Please see the following NJ laws:

4:19-15.16c. Powers, authority of certified animal control officer.

A certified animal control officer authorized pursuant to section 4 of
P.L. 1983, c. 525 (C. 4:19-15.16b) shall have the power and authority,
within the jurisdiction of the municipality or other entity employing, or
contracting for, the animal control officer to:

a. Enforce all laws or ordinances enacted for the protection of
animals, including, but not limited to, animal control, animal welfare
and animal cruelty laws of the State and ordinances of the municipality;

b. Investigate and sign complaints concerning any violation of an
animal control, animal welfare or animal cruelty law of the State or
ordinance of the municipality; and

c. Act, by virtue of the officer's appointment or employment and in
addition to any other power and authority, as an officer for the
detection, apprehension and arrest of offenders against the animal
control, animal welfare and animal cruelty laws of the State and
ordinances of the municipality.

Upon a request for assistance by a municipality or other entity that
does not employ, or contract for, the certified animal control officer, a
certified animal control officer may, within the jurisdiction of that
municipality or other entity making the request, exercise the powers and
authority granted pursuant to this section.

4:19-15.18. Interfering with persons performing duties under act

No person shall hinder, molest or interfere with anyone authorized or
empowered to perform any duty under this act.