Lawsuit filed in 2021 Wayne dog shooting that sparked ‘Justice for Ludwig’

WAYNE – Joe Petit, the owner of Ludwig, a dog that was shot and killed in 2021, has filed a lawsuit against the neighbor accused of shooting the animal and is seeking more than $450,000 in damages plus attorney’s fees.

Petit’s lawsuit, filed July 14 in Kane County, alleges that Hal Phipps, husband of Wayne Village President Eileen Phipps, hunted his dog with an all-terrain vehicle and shot the Dogo Argentino through the animal’s side on Aug. 10, 2021, piercing both lungs.

Petit and Phipps are neighbors on Pearson Drive in Wayne, where both their backyards face the Fox River.

When asked to comment about the lawsuit, Phipps hung up.

In a text, Petit declined to answer questions but referred to a post on the Justice for Ludwig Facebook page.

“With this civil action, I pray that we finally see the justice Ludwig deserves and, perhaps, start the healing process,” Petit wrote. “This entire process has reopened a deep wound and the pain is as raw and palpable as ever. I kindly request the media and public to respect my need for privacy during this challenging time.”

Petit’s 10-page lawsuit lists five counts, each seeking more than $75,000 for punitive and compensatory damages, including an additional $50,000 pursuant to alleged violations of the Humane Care of Animals Act.

“The shooting of Ludwig was done with no just cause, but out of anger and spite,” the lawsuit asserts. “The defendant acted with malice, committing a purposeful and cruel act without any or without great provocation.”

The lawsuit alleges that Phipps “inflicted extreme physical pain to an animal, resulting in death … with no legal justification and that Ludwig was intentionally, maliciously tortured.”

Petit also is seeking punitive damages against Phipps “in an amount to deter similar misconduct,” according to the lawsuit.

In the days that followed Ludwig’s shooting, Kane County Sheriff’s deputies took up the investigation rather than Wayne police because of Phipps’ relationship to the village president.

At a Sept. 14, 2021, news conference, Kane County State’s Attorney Jamie Mosser announced there would be no charges because the investigation showed Ludwig’s shooting was justified.

“It is my belief, from the evidence we have now, that Mr. Phipps feared for his safety and his life and was legally justified in the shooting of Ludwig,” Mosser had said. “As such, no charges will be filed against Mr. Phipps for the shooting of Ludwig.”

Almost a year later in May, Mosser sent out a news release announcing she was taking the Ludwig shooting to a grand jury after all.

But seven months later, Mosser said in a Jan. 6, 2023, email to Petit’s attorney Scott Sheen that she changed her mind and would not bring the case to a grand jury.

Petit runs Petit Brothers Sealcoating and Asphalt Repair, a name referencing Ludwig and littermate, Philotimo. He had raised both dogs from puppies. Ludwig was two years old when shot.

Ludwig’s death sparked a wide-ranging campaign called “Justice for Ludwig,” where signs appeared not only in the Wayne neighborhood but also in Batavia, St. Charles, Elgin, South Elgin, DeKalb and Algonquin.

Petit kept a batch of “Justice for Ludwig” signs in a box outside his front door. His social media post invited people to pick them up, but not to be afraid if Philotimo barks at them.

Petit had said he and his surviving dog both suffered terrible grief from the loss of Ludwig.

A Dogo Argentino breeder in New York had read about the case and gifted Petit a puppy, born the day before Ludwig’s death – which he received that December.

Petit had said he named the puppy Justice and that Philotimo was bonding with the new dog.

“I am bonding with her, of course I am,” Petit had said. “I think of Ludwig every day.”

Kane County Circuit Judge Robert Villa scheduled a case management conference Sept. 28 for the lawsuit, court records show.