A man sued police and the city alleging that officers allowed a police dog to keep biting him for 20 seconds after he surrendered.
A federal appellate court has upheld an excessive force lawsuit against a group of San Jose police officers who were sued over a 2019 arrest in which they allowed a police dog to keep biting a man who had surrendered.
Sanchez wrote that had Officer Hymel Dunn ordered the dog to release Zachary Rosenbaum as soon as he confirmed he was unarmed, established law might have been more forgiving. Ultimately, he wrote, when viewing the case facts in the most favorable light to the plaintiff — a required test for determining the substance of the lawsuit — there was sufficient evidence to warrant a jury trial.
Both Cajina and his co-counsel, attorney Stanley Goff, emphasized the lasting effect the court’s ruling could have. “Neither this case nor any other in the Ninth Circuit tells officers when the Constitution requires a police dog be ordered off a bite as officers attempt to ensure a suspect no longer poses the threat that warranted use of the dog to begin with,” Frimann said in a statement.
The named defendants in the the lawsuit — first filed in 2020 — are Dunn, Sgt. Bret Hatzenbuhler and officers Ryan Ferguson, Francisco Vallejo and Gary Anderson, along with the city and police department. Dunn was as the only officer with canine training. Officers ordered Rosenbaum to surrender, and Rosenbaum repeatedly refused, and he was warned that they would sent the dog after him if he did not comply.
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