Police Dog Attacks Given Special Protection
Police officers are awarded certain immunities under the law for injurious incidents that arise out of the course of employment. Due to the dangerous nature of police work, this is no surprise. However, police officers are also required to exercise a reasonable amount of force in the course of law enforcement practices. Usually, any excessive force exercised by a police officer in the course of his/her duties may establish police or city liability for resulting damages.
The issue of reasonable force versus excessive force of police officers often comes about in reference to police dog use/abuse. Several courts have ruled on the issue of police liability after individuals attacked by police dogs have sustained severe, life-altering injuries. Courts vary on their decisions of police liability.
Generally speaking, officers are allowed to use dogs in order to catch or hold a person suspected of committing illegal acts, but only in reasonable circumstances. Claims in relation to the amount of force a police officer uses during the course of law enforcement are sometimes filed under the Civil Rights Act, which forbids unnecessary force during police apprehension and arrest.
The following case is an example of unnecessary force used by police and their dogs, resulting in a judgment against the police for resulting injuries. In this incident a man was stopped for a traffic violation. The man attempted to flee the scene, so officers released a police dog to apprehend the suspect. The dog was trained to attack targets and hold them until directed otherwise through command. The dog attack caused serious injuries, requiring extensive medical attention.
The man sued the city and officers for acting with excessive force. Several inquiries were made regarding the actions of both parties to determine what the reasonable standard was in such a circumstance. Perhaps the most persuasive argument made by the man was that he should
have been given a chance to surrender before the dog attack. The man lost at the trial level, but at the appellate level, the court held that the man should have been warned of the police dog so as to give him an opportunity to surrender. Police danger would not be increased through a warning but the man's severe disfigurements and life-altering injuries could have been prevented through such.
Although the court decided police force was improper in this situation, many courts have held otherwise. The basic premise is that police work is dangerous, and that dogs are a tool that provide police officers a successful means of controlling crowds, apprehending suspects and
deterring crime.
Police dogs generally weigh over 80 pounds and are trained to bite any part of the body they can grasp. These dogs are often chosen for aggressive behavior, bite ability/ jaw span and large size. Often, a police dog attack results in multiple bites, deep puncture wounds and body parts are often torn, leaving permanent scarring. Although these results are severe, the use of dogs is allowed, and sometimes promoted, for the arrest of suspects in certain situations.
Police dog injury cases require extensive legal assistance and guidance because police officers are given special protection for injuries caused through said dog attacks (unless, of course, such acts fall outside of the realm of proper law enforcement practices). Any legal claims arising in regards to law enforcement practices will require specific representation.
If you have any questions or concerns about a dog bite incident or any other personal injury issues, I am more than happy to assist you in any way possible. As a Missouri dog bite attorney, I offer free consultations and can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658).
You can also email me at john@pagecagle.com or visit www.dogbiteclaim.com for more information.
