Luethje v. Kyle, 10th Cir., (No. 24-1257, decided Mar. 19, 2025) Excessive Force Claim

Facts

• On February 11, 2022, Deputies Kyle (canine handler) and Kelly (deputy) of the Douglas County Sheriff’s Office responded to a 911 call reporting a broken front window at Tyler Luethje’s residence. A bystander saw someone break the window and then run off, but did not see anyone enter.  

• Upon arrival, the deputies observed the broken window, heard a voice from inside the house, but did not hear sounds of violence or cries for help.  

• Deputy Kelly removed the screen, broke out the rest of the glass, and then Deputy Kyle released the police canine (“Sig”) through the window to locate the suspect. The canine was given a command to “find and bite whomever it found inside the residence, regardless of whether the persons were lawfully in the house, adult or child.”  

• After about 30 seconds, Sig located Luethje sleeping in his bed. The dog immediately began biting him on the hands, abdomen, and arm. Luethje screamed, but did not resist or try to pull the dog off.  

• While Sig was still latched onto Luethje, the deputies entered the house, questioned him (about the broken window, etc.), during which Sig continued biting for about one minute before being called off. They then handcuffed him, removed him from the house (in cold weather, with minimal clothing), and took him to the hospital. Luethje was not charged with a crime.  

Procedural posture & Holding

• Luethje brought claims under 42 U.S.C. § 1983: unlawful search/entry, unlawful arrest, and excessive force. Defendants moved to dismiss (invoking qualified immunity).  

• The District Court denied the motion to dismiss.  

• The 10th Circuit affirmed the denial of qualified immunity. It held that, under the well-pleaded allegations, (1) the deputies violated Fourth Amendment rights regarding unlawful entry/search; (2) violated rights via unlawful arrest (lack of probable cause); (3) used excessive force by allowing the dog to bite a sleeping, non-resisting person, and continuing the bite while questioning.