Adams v. Nathan Trimble (2023, 8th Cir.) Excessive Force Claim/Verbal Warnings - K9 Use of Force Case Review

Facts

• Plaintiffs: TonyaMarie Adams, on behalf of her son A.H. (a 13-year-old) sued Officer Nathan Trimble under § 1983, alleging excessive force by failing to give a warning when using a K-9 that could bite and hold.  

• Date: August 11-12, 2020, Cedar Rapids, Iowa. Police responded to a burglary at a convenience store, followed by a fleeing vehicle; several suspects then pursued a fleeing individual on foot.  

• Investigation and warnings:

• Canine units, including Officer Trimble and dog “Ace,” were involved in searching for suspects.  

• Cedar Rapids Police Department policy requires that handlers give verbal warnings before releasing a dog or searching an enclosure with a dog, notifying suspects that the dog will bite unless the suspect surrenders.  

• Other officers (not Trimble) gave several loud, public warnings over the PA system, at multiple locations in the search area, directing suspects to surrender or risk being bitten.  

• What happened with A.H.:

• A.H. was hiding under a trailer in a backyard. The dog Ace, alerted to “fresh human odor,” located A.H. and bit him on his upper arm.  

• A.H. alleges he did not hear the warnings given by other officers.  

• The dog held him (bit him) for about 20 seconds before Trimble gave the release command. A.H. was transported to the hospital, treated, and released.