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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.