Wednesday, May 31, 2000 

By WILL STEWART
NEWS STAFF REPORTER 

The owners of a dog ordered destroyed for an attack against a newspaper carrier two years ago have filed suit against the city of Ann Arbor, claiming their civil rights were violated during the city's investigation of the incident. 

Seiko and Hiroshi Ikuma's civil lawsuit, filed Tuesday in Washtenaw County Circuit Court, also names the paperboy, his parents and several city employees, whom they claim failed to properly investigate the August 1998 attack. 

The dog, a 7-year-old chow named Ato (pronounced Otto), is alive and being held at the Humane Society of Huron Valley, pending an appeal to the Michigan Court of Appeals of a judge's order that he be destroyed. 

"We want the public to know exactly what has happened in this particular case," said the Ikumas'attorney, Ray Mullins. "My clients have done nothing wrong and Ato has done nothing wrong." 

The Ikumas' suit asks for in excess of $25,000. It does not specify which of the defendants should be liable for the financial damages. 

The suit names animal control officer Cheryl Christopher, court officer Paula Haefs, City Administrator Neal Berlin and former Police Chief Carl Ent, as well as Alex Newton, the Ann Arbor News substitute paper carrier, and his parents, Roger and Coco Newton. 

Mullins said the Ikumas' civil rights were violated because the city failed to properly investigate Alex Newton's claim that Ato attacked him after he delivered a paper to the Ikumas' home on Frederick Street on the city's northeast side. 

It also claims that that the Newtons defamed the Ikumas by circulating a flier around the neighborhood that exaggerated the attack. 

Mullins said evidence indicates that Alex Newton provoked the attack by entering the Ikumas' house with the newspaper, instead of leaving the paper on the front porch. 

The city attorney's office and the Newtons could not be reached for comment Tuesday. 

Alex Newton testified during an initial trial that he opened the door to the house, left a copy of The Ann Arbor News inside the door and was walking away when Ato pushed through the door and attacked him, biting him on the left arm, left buttock and upper left leg. 

Seiko Ikuma said Ato has never attacked anyone without provocation. 

The Ikumas already are scheduled to appear Thursday before 15th District Court Judge Julie Creal Goodridge to ask if they can keep the dog alive at least until they go before the Michigan Court of Appeals. In October, Goodridge ordered the dog destroyed after hearing testimony concerning the dog's attack on Alex Newton and at least two other victims. 

Washtenaw County Circuit Court Judge Timothy B. Connors upheld Creal's ruling. 

Seiko Ikuma was acquitted of harboring a vicious animal in December. The city then filed a petition to have the dog destroyed. 

A civil lawsuit filed by the Newtons against the Ikumas was dismissed in April, following an out-of-court settlement under which Alex Newton will get an annuity that will pay him at least $51,000 at age 28. His parents received $4,845 and attorney fees.