Federal Lawsuit Filed Against United States After Border Patrol Agent Shot and Killed El Paso Man's Dog During Home Search
El Paso, TX — Singleton Schreiber has filed a federal lawsuit under the Federal Tort Claims Act on behalf of Seth Daw, an El Paso man whose dog was shot and killed by a U.S. Border Patrol agent inside his own home. The suit, filed in the U.S. District Court for the Western District of Texas, El Paso Division, names the United States of America as defendant.
The lawsuit follows a formal administrative claim Mr. Daw filed with U.S. Customs and Border Protection in October 2025, seeking monetary damages and giving the agency the opportunity to resolve the matter before litigation. Seven months later, in May 2026, the U.S. Border Patrol denied the claim in its entirety, taking no corrective action and offering the family no accountability. This lawsuit is a direct result of that denial.
On the morning of September 9, 2025, several Border Patrol agents came to Mr. Daw's residence, telling him they had received a tip that undocumented immigrants were inside. Mr. Daw agreed to let the agents search his home but, before doing so, secured his seven-year-old dog, Chop, in the entryway bathroom. He told the agents exactly where Chop was and asked them to let him know before opening that door so he could move his dog first. His consent to search the residence never extended to the bathroom.
While Mr. Daw stepped outside with agents to retrieve his identification from his truck, Agent Jorge Muñoz separated from the group and went back inside alone. Within about a minute, Mr. Daw heard a gunshot and ran toward the house. Agents outside grabbed and restrained Mr. Daw with enough force to bruise his arms, and Agent Muñoz pointed his firearm at him. Inside, Mr. Daw found blood throughout his living room and found Chop, shot, in a window nook in the kitchen. He held his dog and tried to stop the bleeding for forty-five minutes until Chop died.
A post-incident examination of the home, according to the complaint, undercuts any suggestion that Agent Muñoz acted to protect himself. The bathroom door where Chop had been secured opens inward, and no blood was found near it. All of the blood was in the living area and kitchen, roughly eighteen feet away, consistent with Agent Muñoz opening the door, allowing Chop to walk out, and shooting him only after the dog had moved well clear of the bathroom.
"Seth did everything he was supposed to do, and an agent still went into a room he had no permission to enter and killed a healthy, harmless animal who had never hurt anyone," said Marisa Ong of Singleton Schreiber, counsel for Mr. Daw. "Seth hasn't spent a single night in the home he was renovating and planning to buy since the day his dog was killed there."
Agents never found any undocumented immigrants in the home. According to the complaint, when Mr. Daw's father, Paul, arrived on scene and confronted agents, at least one acknowledged they had made "a big mistake."
The complaint raises claims for assault and battery, conversion and trespass to personal property, trespass to real property, and negligence pleaded in the alternative. Mr. Daw seeks compensatory damages for his physical injuries, the loss of Chop, and the value of the labor and improvements he invested in the residence he intended to purchase.
About Singleton Schreiber
Singleton Schreiber is a client-centered law firm focusing in civil rights, environmental justice, mass torts/multi-district litigation, and personal injury/wrongful death. With a deep commitment to serving communities that have been marginalized and harmed, the firm has spent over a decade fighting for justice and holding powerful corporations accountable. Singleton Schreiber is also a leader in environmental litigation, advocating for those impacted by corporate negligence and environmental disasters.
