Shane Lilly and his dog, Major, a Belgian Malinois, pose on a hike. Courtesy of Shane Lilly.
Shane Lilly
A federal judge on Tuesday again delayed the euthanasia of Major, a dog who has spent more than 545 days in isolation at Austin’s animal shelter, extending an order that blocks the city from putting him down while the court considers his owner’s request for an independent evaluation.
Senior U.S. District Judge David Alan Ezra said he would rule within 10 days on whether to grant Shane Lilly’s request for a third party to assess whether Major could be rehabilitated or retrained for safe release. Lilly is seeking the evaluation as part of a federal disability lawsuit against the city and three animal shelter employees.
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Representatives of the city of Austin exit the United States Federal Courthouse in Austin following the hearing on Tuesday, Sept. 29, 2026.
Mikala Compton/Austin American-Statesman
The lawsuit accuses the city of failing to consider Lilly’s use of Major as a service animal and alternatives to euthanasia after the dog bit a woman on March 31, 2025 when he was injured and she tried to lift him into a car. It seeks unspecified monetary damages from the city, but not from the three employees. Lilly also wants the city to adopt a written protocol for service animals, appoint a disability coordinator and stop considering an animal owner’s housing status when deciding what to do with an animal.
Ezra offered no hint about how he would rule but said he saw no “villains” in the case—only people trying to do what they thought was best. His decision, he said, “should not be taken as a condemnation of either party.”
Major, a Belgian Malinois, poses for a photo in Las Vegas, Nevada. Courtesy of Shane Lilly.
Shane Lilly
Ezra spent about 90 minutes hearing from lawyers for Lilly and the city, asking how Major came to spend more than 545 days in an isolated kennel without physical contact with people. At one point, Ezra said the shelter’s primary responsibility was public safety and that “all animals are not alike.” He cited the 2023 fatal mauling of a man by two dogs in San Antonio as a reason the city must weigh the risks.
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Kennel 600 at Austin Animal Services, where Major has been held as his owner fights a euthanasia order
Sara Diggins/Austin American-Statesman
Ezra also said federal courts generally cannot second-guess state court judgments unless a case presents an independent federal claim. Lilly did not raise his disability-rights claim in the state court proceedings, though he presented evidence that Major had been registered as a service animal through an online company, U.S. Service Animals.
Lilly previously told the American-Statesman that he relied on Major for companionship and help with mobility tasks after suffering a traumatic brain injury. Major was not formally trained. Lilly said he withdrew the dog from a $12,000 training program when he was a puppy.
At one point during Tuesday’s hearing, Lilly turned to about half a dozen supporters who attended the hearing Tuesday and flashed a thumbs-up. His lawyers declined to comment.
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Representatives of the city of Austin exit the United States Federal Courthouse in Austin following the hearing on Tuesday, Sept. 29, 2026.
Mikala Compton/Austin American-Statesman
In a prepared statement, the city said that Ezra had recognized that “both parties are trying to do their best.”
“Austin Animal Services will continue to provide care for Major until a decision is reached,” the statement said.
The case began last year, when Lilly was walking with Major, a 65-pound Belgian Malinois, in Montopolis. The dog was off leash when a vehicle struck him, leaving him with a bleeding leg. Lilly said he panicked and left Major on the porch of a house where they used to live while he went to retrieve his cellphone from a tent about 30 minutes away.
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While Lilly was gone, two women stopped to help. One of them told Austin police that when she tried to pick Major up, he bit her. Her arms were punctured and had to be stapled by medical professionals.
The city took Major to the shelter for observation for possible rabies. It later obtained a municipal court order to euthanize him, arguing that he posed a danger to the public. Lilly appealed three times, eventually taking the case to the Texas Supreme Court.
The state’s highest court declined to hear the case earlier this year, leaving the euthanasia order in place. Lilly filed the federal lawsuit before the city could carry it out.
Supporters of Major and his owner, Shane Lilly, gather outside the United States Federal Courthouse in Austin during the hearing on Tuesday, Sept. 29, 2026.
Mikala Compton/Austin American-Statesman
Outside the federal courthouse Tuesday, several animal advocates held signs reading “FREE MAJOR.”
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Jen Kudla, 52, said she learned about the case after the American-Statesman reported on it earlier this month. The story prompted a wave of social media activity, a protest at the shelter and a petition calling for Major’s release that has more than 50,000 signatures.
“I think it’s a misuse of the city’s resources to be incarcerating the dog in this way,” Kudla said. “It’s inhumane.”
Caroline Davis, 58, watched the hearing and said she worried about Major’s welfare during the legal battle.
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“It should have never gotten to this point,” Davis said. “And the city, in my opinion, owes Mr. Lilly.”