Young Children Suffer Respiratory Ailments After Pepper Spray Incidents

SAN DIEGO (April 18, 2023) San Diego attorneys Jason Evans of CaseyGerry LLP and co-counsel Thomas Robertson of the Law Office of Thomas E. Robertson have filed a lawsuit against the United States after a postal worker used pepper spray on a family dog – resulting in injuries to two young children (Galindo, Alfonso Jr., et al. v. United States of America, et al).

The lawsuit was filed in the United States District Court Friday, April 14, on behalf of the children of Alfonso Galindo Jr. – an Otay Mesa father and dog owner – against the United States after security camera footage showed the Galindo family dog, “Pupa,” being sprayed with pepper spray by a mail carrier on multiple occasions.

According to CaseyGerry partner Evans, further inspection of the surveillance video revealed the postal worker had sprayed the dog, a seven-year-old poodle, 11 separate times, which ultimately injured two young children.

“While this is an obvious case of negligence, even more troubling is that Galindo’s two young children are now suffering from respiratory problems because of the incidents,” Evans said. “The Galindo family couldn’t determine why their children were wheezing, coughing, and overcome with mucus – symptoms which wouldn’t subside – resulting in numerous medications as well as ER and urgent care visits. The family later discovered that the USPS mail carrier had pepper sprayed their small dog, Pupa, day after day. The footage shows the dog writhing in the outdoor courtyard after being sprayed.”

The children, who play with and hug Pupa daily, were repeatedly exposed to repellent chemicals that lingered on the dog, Evans said. “Since the parents were unaware of the situation, the exposure to the children’s vulnerable respiratory systems continued over an extended period of time.”

According to co-counsel Robertson, the postal worker’s unreasonable conduct resulted in serious repercussions for the Galindo family. “No family deserves the sleepless nights and endless urgent care visits that the Galindo family has endured,” he said. “This lawsuit is about accountability, justice and closure for the entire family.”