EAST LYME, Conn. (AP)- The town is being sued by a man and his son in the wake of the shooting of a suspected rabid raccoon in their back yard.

The lawsuit claims that the raccoon was shot in the head, making it unusable to test for rabies which led to the father and son have to undergo painful treatment for possible rabies.

The lawsuit claims that Officer James Levandoski, who shot the raccoon twice, including once in the head, acted recklessly.

The lawsuit was received Friday in Town Hall. It includes 18 counts and names as defendants Levandoski, the East Lyme Police Department and the town.

The lawsuit stems from an incident on Sept. 13, 2004 when a raccoon attacked a dog in the back yard of Barry Ball while his son, Darren Ball, was painting his father’s house.

First Selectman Beth Hogan said Monday she doesn’t know much about the case but said the town’s professional liability insurance would assign a lawyer to it.

Darren Ball broke up the fight by throwing his paintbrush at the raccoon and then pulling the dog away from the raccoon. Worried that the raccoon might be rabid, Ball dialed 911.

Days after the raccoon was shot, the Balls were told that the raccoon could not be tested for rabies because it had been shot in the head.

Barry Ball went to Yale Health Services that same day, and Darren Ball went to the emergency room at Middlesex Hospital the following day for rabies treatment.

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Information from: The Day, http://www.theday.com

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