Family starts legal action against Niagara Falls Police after Rottweilers maul son

Posted at 12:13 PM, Feb 12, 2018

The family of the 7-year-old boy who was viscously mauled by two Rottweilers in Niagara Falls last June has started legal action against the Niagara Falls Police Department. An attorney representing the family says the officers at the scene "failed to act reasonably and properly".

Kaeden Mitchell spent a month in the hospital following the attack where he suffered a stroke and was placed in a medically induced coma. The family told 7 Eyewitness News at the time he faces a long road to recovery.

Kaeden's mother, Vikki-Lynn Avino, has filed a notice of claim against the Niagara Falls Police Department, a preliminary step to a lawsuit.

The initial call to 911 was made at 3:15 p.m. and the first officer arrived on the scene at 3:41 p.m., according to Charles S. Desmond, II, the family's attorney.

The officers on scene "arrived while the attack was still occurring" and "didn't do anything for the next several minutes to stop it", Desmond said. He also says the officers wouldn't let neighbors step in to help separate the boy and the dogs.

Desmond says he has interviewed multiple witnesses who backup this account.

7 Eyewitness News has reached out to the Niagara Falls Police Department to comment on the legal action. At this time, we have not heard back.

Lawsuits have already been filed in Niagara County Supreme Court against the dog owners and the landlord of the property where the attack took place.

The dogs were euthanized shortly after the attack.

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