Progreso police chief files wage lawsuit against city over aggressive K-9

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Progreso’s chief of police has sued the city alleging he has not been paid for caring for a police canine that had previously bitten an officer, a firefighter and a visitor to his home.

Chief Cesar H. Solis filed a federal Fair Labor Standards Act lawsuit on Friday.

That document said that in April 2022 the city’s assistant manager instructed Solis to care for “‘Ozzy,’ a police canine (German Shepherd/Belgium Malinois), at his residence because Ozzy had bitten a fellow City of Progreso police officer.”

The city of Progreso had intended to use “Ozzy” at Progreso ISD schools to patrol for narcotics through a partnership with the district, according to the lawsuit.

“After biting a Progreso police officer, Ozzy, had to be boarded at the Chief Solis’ (sic) residence. Ozzy had previously bitten a Progreso firefighter,” the lawsuit stated. “Chief Solis was instructed to care, safeguard and groom the canine at all times at this residence since the dog bite, including during the summer months when Progreso public schools were not in session.”

Solis said in the lawsuit that the animal remains aggressive and prevents the chief and his family from using their backyard.

“In fact, Ozzy bit a visitor in March of 2024, ripping her leggings,” the lawsuit stated. “Caring for Ozzy also interrupted the Chief’s time with his family. Because Ozzy required constant monitoring and care, Chief could not leave for out-of-town vacations for an extended period of days.”

Solis alleges he has not been rightfully paid because he has not received overtime pay for working more than 40 hours a week.

“The City refused to reimburse expenses related to the handling, caring and feeding (of) Ozzy. Chief continues to board Ozzy,” the lawsuit stated.

At the end of May, Solis said the city told him he would become an exempt employee.

“Before June 1, 2024, Chief Solis was paid $26.93 an hour,” the lawsuit stated. “From approximately May 2022 through May 31, 2024, Chief was not paid overtime for work related to the care and maintenance of Ozzy.”

Solis is seeking damages, including overtime compensation.

An initial hearing in the case is scheduled for early November.