Judge rejects claims dog pepper-sprayed by mailman caused children's asthma

SAN DIEGO (CN) — U.S. District Judge Janis Sammartino ruled in favor of the federal government Thursday on claims two young children developed asthma after a U.S. Postal Service mail carrier pepper sprayed their dog.

The Galindo family, who live in San Diego’s border community of Otay Mesa, said mail carrier Nestor Medina maliciously pepper-sprayed their small, white poodle mix, Pupa, on numerous occasions starting in the fall 2018 and March 2019. As a result, they say their children, Alfoncito and Regina, then ages 1 and 3, developed asthma.

The family said their children developed harsh respiratory illnesses during that time period, and they asked the court to award them $800,000 in damages, or $400,000 per child, for past and future harm to Alfoncito and Regina.

Sammartino disagreed.

“Having duly considered the testimony and evidence admitted at trial and the law, the court hereby finds that plaintiffs have not met their burden of establishing, by a preponderance of the evidence, that Nestor Medina’s pepper-spraying of their family dog caused them to develop asthma. Accordingly, the court finds in favor of the defendant,” Sammartino wrote in a 13-page order.

During the trial, the family’s attorneys presented numerous home surveillance videos they say depicted Medina walking up to the front gate of the house and dropping off the mail while simultaneously pepper-spraying Pupa through a gate. In many of the videos, the dog appears to convulse and writhe in pain after Medina’s visits.

The young children share a close relationship with Pupa and frequently play with her and sleep with her in their beds. The pepper spray wreaked havoc on the young children’s respiratory systems, said Jason Evans, one of the attorneys representing the family from Casey Gerry LLP.

The family’s attorneys focused on Medina’s body movements as he walked from the sidewalk to the mailbox, often carrying a small canister of pepper spray.

During a professional review with USPS, Medina initially admitted to spraying the dog once, but he later claimed he only said that to put the issue behind him. Medina, who testified during the trial, has since maintained he never sprayed Pupa.

Medina was fired from his role as a mail carrier but later got his job back through arbitration.

After he was removed from the route in March 2019, the Galindo family says that their two children’s health improved. However, the parents, who also testified during trial, said their children have continued to suffer from a recurring cough and similar respiratory problems since then.

During the trial, the government attorneys cast doubt on the family’s claims Medina was the culprit.

Throughout the trial, Department of Justice attorneys argued the Galindo children could have developed their asthma through other means.

They argued the children’s asthma diagnosis was most likely the result of repeated viral infections that coincided with Alfoncito’s enrollment in daycare.

They appeared to be normal, healthy children, Assistant U.S. Attorney Matthew Riley said during closing arguments. Although the children’s health improved after Medina was removed from the route, Riley argued this also coincided with the end of cold season and when they started taking their asthma medicine.

DOJ attorneys also suggested other possible explanations for the children’s illness. They suggested cleaning products from the family’s business, or marijuana smoke or nearby air pollution could have resulted in respiratory issues,

While Sammartino agreed Medina had breached the duty of care by pepper-spraying Pupa without provocation, she found credible the testimony of the government’s expert witness that they children’s history of viral illnesses in childhood likely caused the asthma — not the pepper spray.

“Nor can the court conclude that the pepper spray exacerbated Plaintiffs’ asthma, as, according to Dr. Cornfield, the pepper spray would not have aerosolized and entered plaintiffs’ airways. This is reinforced by the fact that no one in the Galindo family testified as to having other symptoms — e.g., itchiness of the face or eyes — or ever seeing or smelling pepper spray on or near Pupa,” Sammartino wrote.

Sammartino, a George W. Bush appointee, presided over the trial, which began May 11. The court heard closing arguments May 21.

The Galindo family filed their lawsuit against the federal government claiming negligence in 2023.