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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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