Case details

Restrained man claimed dog bite was excessive force

SUMMARY

$222000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
anxiety, disfigurement, face, mental, nerve damage, neurological, neuropathy, nose, psychological, scar
FACTS
On April 17, 2010, plaintiff Dean Newhall, 26, was under the influence of drugs when he attacked an officer, causing another officer to shock him with a Taser. It then took four officers to restrain him to the ground and handcuff him. After Newhall was restrained, a Lodi police K9, without the instruction of its handler, jumped from a window of a locked police car and bit him on the face. Newhall sustained torn flesh, crushed tissue, puncture wounds, severe nerve damage and a facial scar from the dog bite. Newhall sued Officers K. Kent, S. Davidson, E. Ambriz, K. Schadler and N. Sareeram; their supervisor, Sergeant D. Griffin; and their employers, the city of Lodi and the Lodi Police Department. He alleged that the officers’ actions constituted excessive force, and that Griffin, the city and the police department were vicariously liable for the officers’ actions. Newhall contended that although he was combative and under the influence of drugs when the attack occurred, he was handcuffed and subdued by four officers before he was attacked by the K9. Thus, he claimed that the dog bite was undeserved and an extension of excessive force. Defense counsel contended that the officers acted appropriately and that the dog acted of its own volition. Counsel also noted that the K9 was subsequently retired after the incident., Newhall was taken to Lodi Memorial Hospital. He suffered torn flesh, crushed tissue, puncture wounds and severe nerve damage from the dog bite on his face, near his mouth. The bite ultimately healed, but he is left with a scar. Newhall claimed he still has mouth numbness, as well as anxiety in relation to confidence and situations involving animals and police officers.
COURT
United States District Court, Eastern District, Sacramento, CA

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