Justice Center in downtown Cleveland

A lawsuit was filed against Cleveland related to a 2012 shooting in which a woman's dog was killed and she was injured by a pellet from a shotgun shell.

(Marvin Fong, The Plain Dealer)

CLEVELAND, Ohio -- A family is suing the City of Cleveland for at least $2.5 million in damages related to a 2012 shooting in which a police officer killed a family dog and "recklessly" injured its owner.

Lisa Maclin was hit in the head with a large pellet from a 12-gauge shotgun shell that a Cleveland officer fired at her dog, Dirt, a 3-year-old Rottweiler/Labrador mix, according to the lawsuit filed yesterday. (See lawsuit below in document viewer or here on a mobile device.)

The lawsuit names a Lt. Michael Butler as the officer who fired the shots.

However, Butler contacted The Plain Dealer Monday and said that is incorrect.

Butler, a supervisor in the department's 5th District, said he was the supervisor on scene, not the officer who fired a weapon. Cleveland police spokeswoman Sgt. Jennifer Ciaccia said an incident did take place but the lawsuit was incorrect in naming Butler.

According to the suit, Maclin and her husband, Michael, were walking their two dogs on leashes near E. 140th and Rugby Avenue on Aug. 12, 2012 when Dirt broke free to protect the family's other dog, Gordo, from an unleashed poodle that was acting aggressively.

An officer pulled up in his cruiser and shot three times at Dirt, killing the dog, the suit said. Lisa Maclin, was hit with one of the pellets, which was later removed from her brain at University Hospitals, according to the lawsuit filed in Cuyahoga County Common Pleas Court.

Attorney Daniel Roth, who represents the Maclins, said the city has hidden information on the incident from the family, including the identity of the officer involved in the shooting.

"The city has done everything they could to prevent any information on this coming out," Roth said.

Reached Monday night, Roth said he had to try and find out who the officer was through other channels because the city would not tell him who fired the shotgun or give him any information on the incident.

Roth later provided The Plain Dealer with correspondence between his office and city officials dating back to 2012 in which he requested reports on the incident, including the name of the shooter. According to the letters Roth provided, he was told that because the case was open the records were "unobtainable." Roth said detectives wanted to interview his client but he would not allow it because they city refused to turn over basic information on the shooting.

Cleveland Communications Director Maureen Harper declined to comment earlier in the day because the litigation is pending.

Cleveland Sgt. Ali Pillow earlier in the day confirmed Butler was a supervisor in the 5th District and said he would forward a reporter's request for information on the incident and Butler.

In an email to The Plain Dealer Butler said he informed the city of the incorrect information in the lawsuit.

The lawsuit names Butler, Mayor Frank G. Jackson and former Police Chief Michael McGrath.

The suit accuses an officer of using excessive force recklessly in an urban area.

Roth said Lisa Maclin has had ongoing medical and psychological issues related to the shooting. He said the pellet removed from her brain was the size of a .32-caliber bullet and was part of one of three shotgun rounds fired at the dog to kill it.