Can you sue a police officier for excessive force of his k9 dog? 1 Answers as of June 28, 2011My son was being arrested for a warrant of vandalism. He ran from the cops and jumped in a friend's yard to hide. When he heard the k9 dog he came out and surrendered himself to the police. The k9 dog attacked my son, shaking him like a rag doll while the cops all just let it happen. The owners of home were watching out their window. When they heard my son scream and saw that no cops were coming, they tried to get dog off my son by hitting it with chairs and table until finally 10 minutes later the cops entered back yard and made the dog release my son. The dog tore my son's leg open through the muscle. You could see the bone. They then tossed him in back of police car where paramedics demanded that he be taken to hospital where all they did was stitch him up. He is still in custody and in pain with no help from anyone.
Koch Laron Law | Phillip Koch
Police are allowed to use "reasonable force" to subdue a suspect. Reasonable is based upon the situation. E.g. if the suspect just shot a store owner and has a loaded gun, then he is much more dangerous than someone who stole a candy bar and ran out of the store. So alot depends on the actual nature of the police call that night. They can use dogs in situations where someone runs, is hiding, etc.. The question is, once your son was subdued, was it reasonable to have him continue to be injured. The answer is no. However, knowing the police did this and proving it are two different things. Thus, it seems that you have a clear case of police abuse, however, there are many factors that will go into whether or not you would be successful in suing for it. Contact me if you would like to speak further regarding this matter.
Answer Applies to: California