Myles v. County of San Diego, et al., 9th Circuit (2025)
Facts
The underlying incident occurred on September 5, 2014.
Myles was stopped by San Diego Sheriff deputies while driving with his younger brother.
According to testimony and evidence:
Deputies handcuffed Myles.
Deputy Banks ordered the K9 to “grab” Myles even though Myles was restrained (I.e., handcuffed).
The K9 bit him while he was handcuffed and “not resisting,” as the jury found. Click title to read more…
City of Mesquite v. Wagner
Facts
In March 2020, Officer Jason Crawford and K9 “Kozmo” responded to assist in a burglary in progress.
Multiple suspects were fleeing on foot. Officer Crawford deployed Kozmo during the pursuit.
At some point, Kozmo “lunged” and bit Wagner on the shoulder and head.
Crawford later produced an “Unintentional Bite” memorandum saying Kozmo darted from his left side to his right side, and that Crawford tripped over the leash, causing loss of control. Click title to read more…
Commonwealth of Pennsylvania v. Siddiq Nixon, Docket No. 3183 EDA 2023
Facts
On May 18, 2022, Officers James Gedraitis and Ryan Struble were on patrol in Philadelphia in a marked cruiser, responding to recent crime patterns.
As they drove, the officers observed Nixon crossing a street. One saw an object in his right front pants pocket that looked like the grip of a firearm. Because Nixon appeared to be under 21, the officer believed he was unlawfully carrying it.
Nixon fled on foot when officers attempted to detain him; Officer Gedraitis pursued on foot. Nixon ducked behind an abandoned car into an overgrown lot and reemerged. Click title to read more…
McClellan v. Nanos (Arizona Court of Appeals, Div. 2, Jan. 7, 2025)
Facts
On March 2, 2020, deputies went to McClellan’s apartment to return a set of keys. One deputy (Maldonado) was handling a K-9, and another was in plainclothes, knocking on the door.
McClellan opened her door. Her own dog ran out, attacking or pursuing the police dog by trying to bite it. A dogfight ensued.
Maldonado fell to the ground while trying to push the attacking dog away from his dog, K9 Jake. Click title to read more…
United States v. Barnes (D. Wyo., 2025)
Facts
In this case, an officer deployed a police dog in connection with investigating and detaining the defendant (Barnes).
The suppression motion challenged whether the link between Barnes and the suspected crime was sufficient at the point of K9 deployment, as well as whether the dog’s use was justified given the facts known to the officer.
The court found no evidence linking Barnes to the crime at the moment of arrest that would justify probable cause. Click title to read more…
Hyer v. City & County of Honolulu (9th Circuit, 2024)
Facts
Hyer barricaded himself in a residence/studio after exhibiting erratic behavior; officers had attempted negotiation, but eventually used chemical munitions and a police K-9 to flush him out.
The police dog was deployed as part of a canine “takedown” attempt.
During that deployment, Hyer allegedly stabbed the dog with an arrow (he had a bow and arrow).
In response, the officers shot Hyer (eventually killing him) after he turned the bow/arrow toward them or attempted to reload. Click title to read more…
Evans v. Commonwealth (Aug. 6, 2024)
Facts
On April 3, 2022, Lynchburg police responded to a “disorderly” call at Evans’ residence.
Officer S.C. Reed was the K9 handler, accompanied by the police dog Knox.
Knox was trained to bite and hold a suspect who resists.
The dog wore a bullet-resistant vest inscribed with “POLICE” on one side and “K-9” on the other. Click title to read more…
Irish v. McNamara, 8th Circuit, 2024
Facts
Irish was a law enforcement officer (or involved in a pursuit context) when McNamara deployed a K9 named Thor during the pursuit of a suspect.
During that deployment, Thor bit Irish. Irish alleged that the bite was an unconstitutional seizure (i.e., excessive force) because it was not justified under the Fourth Amendment.
Irish’s theory was that even though he was an officer in the chase, the K9 bite (directed, in effect, at him) amounted to a use of force against his person. Click title to read more…
Hoyle v. City of Hernando, No. 23-60451 (5th Cir. 2024)
Facts
On September 3, 2020, Officer Brown (off duty) observed a blue Chevrolet Malibu run a red light at high speed, initiated a traffic stop, and engaged in a pursuit when the driver (Hoyle) did not stop.
The chase lasted about eight minutes. Hoyle drove erratically, passing vehicles, driving on the wrong side of the road, nearly colliding with other vehicles, and eventually lost control, entering a ditch where patrol cars boxed him in. Click title to read more…
Estate of Phillip White, et al. v. City of Vineland, et al. (3d Cir., 2024, non-precedential)
Facts
In 2015, Phillip White died while in police custody following an encounter with Vineland, New Jersey, police officers.
The Estate alleged that officers used excessive force during the arrest—force that included taking him to the ground, deploying a police K-9 dog, and other actions—and that those actions contributed to his death.
The defendants (City, officers, chief) maintained that the force used was lawful (or justified). The causation of death was unclear (the defense’s experts suggested death may have resulted from drug intoxication). Click title to read more…
Estate of Joseph Lopez v. Matthew Hamilton/City of Greensboro (4th Cir., 2024)
Facts
On November 19, 2021, police responded to a report that Joseph Lopez was trying to enter a residence.
Officers, including Officer Hamilton (a K-9 handler), located Lopez inside a small room at the rear of a garage.
Hamilton opened the door (while remaining outside), announced “Greensboro police, if you’re in there, make yourself known,” and then said, “Come on out with your hands up or I’ll send my dog in there and he’ll bite you.” Click title to read more…
Davis v. Allen, No. 23-1838 (7th Cir. 2024)
Facts
Davis had outstanding warrants for serious crimes, including violent felonies.
When officers located him, Davis fled into a mobile home trailer.
Deputy Allen deployed his K-9, “Koda,” into the trailer after announcing the dog’s presence and warning that the suspect would be bitten. Click title to read more…
Unruh v. City of Wichita, Kansas (2024)
Facts
On a rainy night, Unruh led Wichita police on a pursuit through city streets.
His vehicle spun out, jumped a curb, and ended up on a sidewalk.
Unruh exited the vehicle, holding a bag (later determined to contain methamphetamine), and dropped to the ground.
He did not comply fully with commands to show his hands and was seen reaching toward or under the car, which officers interpreted as possible weapon retrieval. Click title to read more…
Whitworth v. Kling (2024, 8th Circuit)
Facts
Whitworth alleged that a police K-9 (dog) bit him accidentally during a law enforcement operation, without provocation.
He claimed that even an accidental K-9 bite should be considered a “seizure” under the Fourth Amendment, since the K-9’s action restrains or interferes with a person’s bodily integrity.
He also brought a negligence claim against the city (or municipality) for how the dog was handled or deployed. Click title to read more…
Nicholas Lynum v. Detroit Police Department (Mich. Ct. App., 2023, unpublished)
Facts
Officer Golembiewski, a Detroit police officer and K-9 handler, took his assigned police dog, Ben, to a veterinary hospital for a routine check-up.
At arrival and during the exam, Ben was muzzled and leashed.
Because Ben was too large for the exam table, Golembiewski restrained Ben on the floor (putting an arm around his neck) while the veterinary technician attempted to draw blood from the dog’s leg. Click title to read more…
State of Louisiana v. Jerol Ewell (La. Ct. App. 2024)
Facts
On December 24, 2019, a masked man armed with a gun entered a Shell gas station in Shreveport, demanded money, took cash and the store clerk’s iPhone, and fled.
Eyewitnesses described the robber’s clothing (grey jacket, black jeans, ski mask) and race (Black male).
After the robbery, police used a “Find My iPhone” feature to locate the stolen iPhone in a field north of the gas station. A canine search then led them to recover a ski mask in the same area. Click title to read more…
State v. Love, 2023-Ohio-3690 (Eleventh District, Portage County)
Facts
Aaron Love (“Appellant”) was arrested on outstanding warrants for parole violations.
During the attempted arrest, Love allegedly resisted officers. One officer was injured (sustaining a wrist injury with permanent scarring and diminished sensation) as part of the altercation.
Additionally, a supplemental indictment charged Love with assaulting or harassing a police dog or horse. That indictment was based on facts not fully set out in the original charging instrument.
Love challenged various procedural and substantive aspects of the convictions on appeal, including a speedy trial claim related to the supplemental indictment. Click title to read more…
Bewley v. Town of Speedway, et al., Court of Appeals of Indiana (Oct. 30, 2023)
Facts
On March 1, 2019, an officer of the Speedway Police Department, Officer Turpin, responded to a burglary call. The officer was a trained K-9 handler.
Meanwhile, Jerry Bewley (a delivery driver) arrived at a customer’s house in Speedway. While Bewley and the customer were conducting the delivery transaction on the porch, they heard sirens and saw blue/red lights from police in pursuit of a suspected stolen vehicle. Click title to read more…
Adams v. Nathan Trimble (2023, 8th Cir.) Excessive Force Claim/Verbal Warnings
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. Click title to read more…
Salazar v. Unknown Police Dog Handler (K-9), No. 5:23-CV-00054 (N.D. Tex.) Excessive Force Claim
Facts
From Salazar’s complaint and summary judgment evidence:
Date / Place: February 15, 2023, at the grandmother’s house of Plaintiff Ryan C. Salazar, in Lubbock County, Texas.
Plaintiff’s Status: Salazar was a state prisoner (or in custody) and had multiple outstanding warrants, including two felonies (evading arrest with a vehicle, unauthorized use of a motor vehicle), as well as some misdemeanors.
Officers’ knowledge: Officers knew of Salazar’s criminal history and gang affiliation. Click title to read more…