police4aqi

Police, The Fourth Amendment, Qualified Immunity

Judge Dlott considers police dog training issues

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Case: CAMPBELL v. CITY OF SPRINGBORO, OHIO, 788 F. Supp.2d 637 (S.D.Ohio 4-26-2011)

What allegedly happened: A police K9 officer bit two plaintiffs, who were not criminals and who were not fleeing, in two separate incidents. The K9 officer’s handler was accused of excessive force, largely on the theory that he wanted his dog to bite suspects, whether or not they were fleeing or otherwise posed a safety risk.

Decision: Police may end up being liable here.

Quote:

particularly given the questions of fact that exist regarding the adequacy of Spike’s training, the ability of Officer Clark to effectively control Spike during tracks even while Spike was on a lead, and the fact that Officer Clark knew that when he deployed Spike on a track, the likely result would be a bite. Accordingly, the Court denies Officer Clark’s motion for summary judgment as to Plaintiffs’ § 1983 excessive force claims.

Written by Burgers Allday

December 24, 2011 at 7:48 am

Posted in Uncategorized

Tagged with ,

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