The police dog that attacked a jogger on Saturday had attacked another woman in her own store nearly three years ago, her attorney said.
Sherri Tatton, owner of Costume Castle & Crafts, in Layton was bitten while doing inventory in her store on Oct. 7, 2001, attorney Kristopher K. Greenwood said.
"If this was a regular dog and attacked two people, the dog would be put down," Greenwood said.
Greenwood filed a lawsuit against the city earlier this year.
Police Lt. Kevin Allred confirmed that Rex was the same dog who attacked Tatton and jogger Lindsey McKee. Rex has been pulled out of police service until the investigation surrounding McKee's attack is complete.
McKee, 20, was attacked by a police dog while jogging on Layton High School's track Saturday.
City Attorney Gary Crane said the investigation into the latest incident involving Rex is expected to take one to two weeks.
Assistant City Attorney Steve Garside said earlier this week that the policeman jogging with Rex on Saturday could be cited for not having the dog on a leash.
State law making dog owners liable for injuries caused by dog bites have exemptions for officers using their dogs on duty.
Tatton said that in the 2001 incident, she had propped open her back door to make it easier to get to the trash bin. Police discovered the open door and sent in the German shepherd, which bit her hand when she attempted to climb some stairs.
She said it took three officers to get the dog off her.
McKee has said that on Saturday the officer had to physically yank the dog by the collar to get him off her.
Greenwood said there may be other incidents that have not been reported.
Tatton said the city refused to pay her medical bills, a day of lost wages and the cost of hiring a worker to help in the store while she recovered. That is why she has filed a lawsuit, Greenwood said
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