An El Paso homeowner is taking the federal government to court after a Border Patrol agent shot and killed his 7-year-old Rottweiler during a 2025 search of the family's Upper Valley house. The federal lawsuit, filed Monday under the Federal Tort Claims Act, accuses the United States of assault, negligence, and trespass and identifies Border Patrol Agent Jorge Muñoz as the officer involved. The suit seeks damages for the dog's death, injuries to the owner, and damage to the home. According to the complaint, the owner, Seth Daw, tried to keep his dog alive, working to stop the bleeding for nearly an hour before the animal died.
The 15-page filing, submitted July 13 in the U.S. District Court for the Western District of Texas, states that on Sept. 9, 2025, agents went to Daw's home looking for undocumented migrants. Daw allegedly put his dog, Chop, in a bathroom off the entryway and showed agents where the dog was being kept. The complaint says Agent Muñoz then separated from the group, re-entered the house alone, opened the bathroom door, and shot Chop from about 18 feet away. Daw held his wounded dog and attempted to stop the bleeding for roughly 45 minutes before Chop died, the complaint states. The lawsuit alleges assault and battery, conversion, trespass to real and personal property, and negligence, as laid out in the complaint.
What the Family Says
Daw's legal team argues he did everything agents asked and then some, including securing Chop in the bathroom before the search began. Attorney Marisa Ong of Singleton Schreiber told KFOX that "Seth did everything he was supposed to do," yet an agent still went into the room and opened fire on the dog. The family has also shared photos and videos that show a blood trail through the house, which they argue does not square with a defensive shooting scenario.
CBP Response and Congressional Scrutiny
Back in September 2025, U.S. Customs and Border Protection confirmed to local outlets that "a U.S. Border Patrol agent was involved in a use of force incident" involving a dog and said the agency's Office of Professional Responsibility was reviewing what happened, according to KVIA. El Paso Congresswoman Veronica Escobar later pressed CBP leadership for answers, sending a formal letter demanding updates on the internal investigation, as reflected in a copy released by Escobar.
Legal Route and Claims
Before heading to federal court, Daw filed a Standard Form 95 administrative claim on Oct. 20, 2025, seeking $550,000 in damages. According to the lawsuit, Border Patrol denied that claim in writing on May 20, 2026, which started a six-month window to sue under the FTCA. Because the United States is the proper defendant in FTCA cases, the complaint names the federal government as the party responsible for Daw's alleged physical injuries, the loss of Chop, and the value of the labor and improvements he says he put into the property, according to the complaint.
What Comes Next
The lawsuit landed in federal court on Monday, and local reporting notes that KFOX has asked the Department of Homeland Security for comment. The case follows months of public scrutiny of the September 2025 shooting and is poised to put Border Patrol's search protocols and use-of-force decisions under a brighter local spotlight as it moves through the courts.
