State of West Virginia v. Michael and Kim Blatt

BENJAMIN, Justice:

The Circuit Court of Wayne County ordered that Tinkerbell, a female pit bull terrier be destroyed pursuant to West Virginia’s vicious dog statute, W. Va.Code § 19-20-20 (1981), after she injured a neighbor child who was playing in the yard of Michael and Kim Blatt. Tinkerbell is the family pet of the Blatts.

The circuit court’s decision ordering that Tinkerbell be destroyed relied on a presumption that pit bull dog breeds are inherently vicious. Because extensive debate exists over whether scientific evidence and social concerns justify breed-specific presumptions, we…