Exactly I would never go after the Dogs ability, however that still leaves tons of stuff to pursue. Handlers Competency, Lack of Certification both for the Dog and the Handler, Lack of refresher training. The list can go on and on...Free legal advice for attorneys: You will never win the same old battle of going after a dog's ability..or the general ability of dogs. Maybe try the lack of any standard of performance, lack of any standard certification. Yeah, the dog was certified when he was purchased, but by the seller based on his criteria; that dog might have done nothing since then. Definitely look into the competence of the officer.