Case 1:11-cv-00974-LO -IDD Document 9

Filed 11/03/11 Page 1 of 2 PageID# 48

UNITED STATES DISTRICT AND BANKRUPTCY COURTS

FOR THE EASTERN DISTRICT OF VIRGINIA,

ALEXANDRIA DIVISION
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James M Patock Sr., plaintiff

11180 Main St.

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Fairfax, Virginia, 22030

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Reference to civil case 11 CV 974

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Motion for Summary Judgment

I respectfully request that the court issue an order to the United States Park Police And the Virginia German Shepherd Rescue Inc. organization to return my German Shepherd Lobo to me as soon as possible. The dog was illegally confiscated from my home (a 200 square foot travel trailer parked on the mall outside the Smithsonian Institute) on November 3,2010 and subsequently transferred through one or more links, including the District of Columbia Department of Health, to the Virginia German Shepherd Rescue Inc. organization who then adopted it out to person or persons unknown to the plaintiff

The dog has been microchiped and the information contained identifies me as the legal owner. In addition, I have numerous pictures of the dog, some of which have been posted on my Facebook page. Therefore there is no doubt as to the identity and legal ownership of the dog.

On or about December 17, the day I was released from the DC jail, the dog was featured on the homepage of the Virginia German Shepherd Rescue Inc. organization website. It was alleged that the dog and I had been living in a car and I had voluntarily given it up for adoption. This claim was totally false and actually amounted to defamation of character as the dog and I were traveling around the country in a 200 square foot travel trailer that was my legal home at that
time.

Case 1:11-cv-00974-LO -IDD Document 9

Filed 11/03/11 Page 2 of 2 PageID# 49

When I and my court-appointed attorney, Larry Williams, separately contacted Virginia German Shepherd Rescue Inc. inDecember, they refused to return the dogto me. The United States Park
Police and the District Of Columbia Department Of Health refused to give me any information on the location of the dog or any help in having her returned to me. They also claimed that the dog had beenadopted out overa month before ourcalls, a claim that is contradicted by the
December 17 website statements that she was available for adoption.

On several occasions I attempted to get the organizations involvedto investigate the illegal confiscation of my pet/property but they have totally ignored all communications with them. I
even sent a letter to the chief of the United States Park Police requesting an investigation but received no reply.

The dog is still legally mine as no court has ruledthat she could be taken from me or is no longer
my legal property. DC law specifies: (22-1012. ...; disposition of animal or vehicle on arrest of driver; ... (a) ... When any person
arrested is, at the time of such arrest, in charge of any animal, or of any vehicle drawn by any

animal, or containing any animal, any agent of said (Washington Humane) society may take

charge of such animal and such vehicle and its contents and deposit the same in a place of safe
custody or deliver the same into the possession of the police authorities, who shall assumethe
custody thereof; and all necessaryexpenses incurred in taking charge of such property shall be a
lien thereon.)

Thereforethe organizations involved did not follow the applicable DC codes and violated my constitutional rights under the fourth, fifth, and fourteenth amendments to the United States
Constitution.

The dog is still legally my property and I request that the court order The United States Park Police, the District Of Columbia Department Of Health, and Virginia German Shepherd Rescue Inc to cooperate and return the dog to me as soon as possible.

James M Patock Sr. 11180 Main St.

Fairfax, Virginia, 22030

Cell phone: (202) 578 8947 (703) 591 5900