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Teen bit by police dog during arrest may sue, appeals court rules

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A man who more than five years ago sustained injuries from police dog bites during his arrest may proceed with a tort claim, the Indiana Court of Appeals ruled.

Marquis Dayvon Brooks and a friend were outside an Anderson teen club in December 2006 when shots were fired and police were called. Sensing trouble, the teens, who had been drinking and smoking marijuana, fled in a vehicle, according to court records.

The car ultimately struck a house, and Brooks and his friend fled. The friend was arrested a short time later, and Anderson police officers deployed a K-9, Rex, that led them to a shed where Brooks was hiding.

Police said Brooks was verbally warned that they were searching with the dog, but Brooks said he surrendered and raised his hands when the shed door was opened, after which an officer ordered the dog to apprehend Brooks.

Brooks was bitten on the arm and scrotum, according to court records.

In 2008, Brooks filed a complaint against the city of Anderson, Anderson Police Department and Officer Chris Barnett, alleging intentional tortuous conduct and negligence. Madison Circuit Judge Rudolph Pyle III granted the city’s motion for summary judgment.

“To be sure, while Officer Barnett and Brooks may not agree on many details of what occurred that night, they do agree that Brooks was on (the) ground when Rex apprehended him, causing severe injury,” Judge John Baker wrote for the unanimous court in Marquis Dayvon Brooks v. Anderson Police Dept., City of Anderson, and Chris Barnett, 48A02-1110-CT-1045.

The appeals court also noted that Anderson had promulgated orders regarding the handling of its police dogs, including a provision that “K-9 handlers will insure that their canines do not engage criminal suspects if they are not resisting, fleeing, or endangering the public’s well being.”

“We conclude that there is a genuine issue of material fact as to whether Officer Barnett used excessive force when he permitted his K-9 partner, Rex, to apprehend Brooks in such a manner that Brooks sustained a severe scrotal laceration,” the court ruled.

“Indeed, even to answer this ultimate question, the fact-finder will be confronted with other factual questions, such as whether Officer Barnett gave a proper warning before entering the shed, whether Officer Barnett had a reasonable belief that Brooks was armed, whether Brooks immediately surrendered when the police entered the shed, and whether Brooks was already secured when Rex was permitted to bite Brooks’s scrotum after biting his arm, just to name a few. But this only bolsters our conclusion that summary judgment was inappropriate under these facts and circumstances.”




 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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