Board declares dog 'Clyde' a prohibited dangerous animal after hearing video and victim testimony

The Appleton Board of Health declared a dog named Clyde a prohibited dangerous animal on Feb. 11 after hearing video and testimony that the animal inflicted serious facial injuries on a visitor. The board voted 6–1 to uphold the health department’s declaration.

Assistant City Attorney Zach Berwyn summarized the legal standard the board would apply and called witnesses presenting video and photographs of the Dec. 24 incident. “Clyde meets the definition of a prohibited dangerous animal under Appleton City Code, period,” Berwyn told the board, arguing the three statutory elements—animal, location on public or private property, and unprovoked infliction of serious bodily harm—were present.

The victim, Kathleen Jo Whitman, described the attack under oath: “He growled and lunged at my face so fast; I didn’t have time to even react,” she said, and later sought medical attention that required multiple layers of stitches. Lead community service officer and humane officer Matthew Fillebron testified he had received photos and a 2½‑minute video from the victim’s family, reviewed the evidence and concluded the incident met the prohibited-dangerous standard.

Owner Alexander Miller testified under oath that he did not witness the attack, said he had watched the video, and acknowledged the injury while disputing that the dog should be classified as prohibited rather than simply dangerous. Miller’s partner, Brianna Garcia, who was present at the gathering, told the board that the room’s crowded layout left little path for Clyde to exit and that a certified trainer’s memo characterized the contact as fear-driven and accidental; the caretakers said they had a secure kennel, a muzzle and had increased liability coverage.

In closing argument, Berwyn said the mechanism of injury—whether it was a deliberate bite or accidental contact—was not dispositive under the code: “What matters is that the dog inflicts serious bodily harm on a person,” he said. The board, after a closed-session deliberation, returned to open session and voted to uphold the prohibited-dangerous animal declaration by a 6–1 margin.

Under the code, the owner or caretaker must comply with the prohibition within five days of the determination or may seek review in circuit court. During the hearing, the caretakers requested permission for one last day to have Clyde at home before euthanasia if the board’s decision was upheld; the board noted compliance timelines and appeal rights but did not grant an exception on the record.

The declaration means Clyde may not be kept within the city absent additional court action or other remedies allowed by law.