Ex-Perth dog control officer sues Fulton County

PERTH, N.Y. (NEWS10) -- Joseph Passino, the former Dog Control Officer for Perth, has filed a complaint against several Fulton County officials and two private citizens. The complaint was filed with the State of New York Supreme Court in Fulton County in April.

Passino served as Perth's Dog Control Officer for almost 25 years until he resigned in September 2022. According to the court documents, he also served as the backup Animal Control Officer for the Fulton County Sheriff's Office, New York State Police, town of Amsterdam, Bleeker, and Mayfield.

According to the court documents, the complaint names Fulton County Sheriff Richard Giardino as one of the defendants, as well as other Fulton County officials and two private citizens. The complaint alleges that Passino was "maliciously prosecuted" by Fulton County officials when he was arrested twice while acting as Perth's Dog Control Officer. He further alleges that excessive force was used against him in one of the arrests and his federal rights were violated.

Passino was arrested in April 2021 for reportedly shooting a dog while on the job, where he discharged his gun too close to a church, a school, and an occupied home. He was then arrested again in August 2022 for allegedly impersonating a Fulton County Sheriff's Office deputy. Both arrests are detailed in the complaint.

In the dog incident, Passino said he was called for two dogs at large near a church in Perth. He alleges the male dog charged aggressively at him, leading to him firing his gun and striking the dog in the face. The dog fled, returned home, and reportedly suffered a broken jaw and lost several teeth. Passino was charged with second degree reckless endangerment and illegal discharge of a firearm in this incident.

The criminal impersonation arrest comes from an incident with Passino telling a private citizen (listed in the lawsuit) that their dogs needed to be licensed. That person later called the Fulton County Sheriff's Office to confirm Passino's identity. The person allegedly said Passino misrepresented his identity and said he was "with the Sheriff's." The lawsuit disputes the claim that Passino ever identified himself as being with the Fulton County Sheriff's Office or misrepresented his identity as being the Perth Dog Control Officer.

Passino's attorney, Vince Uba, confirmed that the charges in both cases were eventually dismissed in favor of Passino. Due to these arrests and Passino resigning his position as Dog Control Officer, the lawsuit claims that Passino suffered lost wages, legal fees, economic losses, mental and emotional distress, and pain and suffering.

The complaint requests a jury trial in this case, with Passino seeking compensatory, punitive and exemplary damages. Since the filing of the complaint, Uba said he has yet to receive any response from the legal council of Fulton County or the private citizens.

Giardino said "no comment" about the complaint when NEWS10 reached out to him. NEWS10 also reached out to the Fulton County Attorney for an update or statement on the complaint but we have not yet received a response.