A Truman employee is unsatisfied by steps taken by the Kirksville Police Department following an incident involving pepper spray and is pursuing action with the American Civil Liberties Union.

Danny McDowell, Student Recreation Center building manager and the owner of the dog Kirksville police sprayed with pepper spray in September, said he is displeased with the apology letter Interim Police Chief Tim King issued because it does not address some of McDowell's primary concerns. One such concern is that the original police report did not indicate that the dog had been sprayed.

"When I talked to the city manager, he said that the report doesn't show that the dog was sprayed," McDowell said. "And then later on, he informed me that King had said they had pepper-sprayed the dog to keep him quiet so he could observe."

King issued the apology letter Oct. 7.

According to King's letter, an investigation was conducted the morning after the incident, and a new policy is in place requiring police officers to notify animal owners when their dog has been sprayed and for the incident to be included in the police report.

"That was because there was nothing on policy about it," King said. "It was definitely something we wanted to know about. It is something that will be documented."

McDowell said the new policy is not sufficient.

"To me, that's a pretty plain-Jane apology," McDowell said. "I think they need to add specifically that the [pepper-spraying] of the dog was totally uncalled for ... And the second [pepper spraying] was just totally unexcusable."

The policy also provides procedures for decontamination if a pet is sprayed. If the owner cannot be located, then a police officer or animal control officer will attempt to decontaminate the animal. King said the decontamination procedure for pepper spray is to rinse the area with water.

McDowell said he sought advice from the ACLU about the situation.

Matt LeMieux, Eastern Missouri ACLU executive director, said that although McDowell's concern is legitimate, there is most likely not a constitutional issue related to trespassing or illegal search and seizure related to the situation.

"It's a very gray area of the law with dealing with warrant issues for searching an individual's home," LeMieux said. "[McDowell] was not the target individual."

LeMieux said he is unsure whether legal action is appropriate in this case.

"In today's age, anything is actionable," LeMieux said. "But he has done the right thing in bringing this to the attention of the police department. It's best to be taken care of between [McDowell and the police department]."

The Sept. 26 issue of the Index reported that McDowell contacted the police about a loud party next door. When the police came to investigate the party, they encountered McDowell's dog. The police officer reacted by spraying the dog with pepper spray. McDowell said that when he went into his backyard, the police officer did not tell him he sprayed the dog. Some of the pepper spray transferred onto McDowell.

McDowell said that although his dog is more shy of people now, he is doing all right.

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