Lawsuit over Kane County dog’s shooting death still pending

A lawsuit filed by the owner of Ludwig, a dog that was shot by a neighbor in 2021, is still pending in Kane County Circuit Court.

In an amended complaint filed late last year, Joe Petit, is seeking damages of more than $500,000 from his neighbor Hall Phipps, husband of Wayne Village President Eileen Phipps, in the death of his dog, Ludwig.

The amounts sought are for compensatory and punitive damages, plus attorney’s fees, according to the five-count complaint.

The next court date in the civil case is on July 30 before Kane County Circuit Judge Elizabeth Flood.

Petit and Phipps live next to each other with both their backyards ending at the Fox River – Petit in the 5N600 block of Pearson Drive and Phipps in the 5N600 block of Pinelands Drive.

The amended complaint alleges that Phipps hunted Ludwig, a Dogo Argentino, riding an all-terrain vehicle to the bottom of his property while Ludwig and a litter-mate, Philotimo, “were conducting themselves peacefully and playing at community property at the water’s edge.”

Phipps shot Ludwig “execution style” in a double-lung shot through the animal’s side on Aug. 10, 2021, resulting in the dog’s death, according to the complaint.

The Dogo Argentino is a large breed, weighing 80-100 pounds, according to the American Kennel Club.

Phipps’ attorney’s answer to the second amended complaint, filed Feb. 5, defended his client’s actions as self defense, and countered that the shooting was justifiable to “save himself from serious injury or death” from the dog.

Phipps had said that the dog was behaving aggressively towards him on his property, according to officials.

The court filing denies that Phipps rode an all-terrain vehicle or that there was no apparent reason to shoot the dog.

The filing admits “the animal was shot intentionally in justified self-defense,” and that Petit is not entitled to any judgment. Instead, Phipps “asks for judgment in his favor and against [Petit] with all costs to be taxed against [Petit].”

Court records show both sides are seeking records from the Kane County Sheriff’s Office and from Wayne police. The sheriff’s office handled the Ludwig shooting because a spouse of a village official was involved.

Video evidence and an eyewitness account showed that Phipps was justified, Kane County State’s Attorney Jamie Mosser had said at a news conference in September 2021.

Phipps was within his rights to defend himself in shooting the dog and the state’s attorney’s office would not file criminal charges against him, she said.

“He shot Ludwig out of fear for his life,” Mosser had said of Phipps.

After no charges were filed, Hain and Mosser received death threats – but nothing happened to either of them.

Ludwig’s death became a local cause celebre, generating a “Justice for Ludwig” movement.

Supporters posted lawn signs in Wayne, and also in St. Charles, Elgin, South Elgin, DeKalb, Algonquin and Streamwood. They also took photos of their own pets with the Ludwig signs and posted to social media.

Supporters maintain a website, www.justiceforludwig.com.

Despite calls for her resignation over the Ludwig shooting, Elaine Phipps won re-election as village president in 2023.

Attorneys for Petit and Phipps did not return email messages seeking comment.

Petit received the gift of another Dogo Argentino puppy from a breeder in New York, who had read about the shooting.

The female dog, whom Petit named Justice, was born Aug. 9, 2021, the day before Ludwig was killed.