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Criminal

Apr. 27, 2020

Qualified immunity won't protect against excessive force used by police dog, a panel rules

Well established law says allowing a police dog to bite a fleeing suspect after he has surrendered is unconstitutional, and the officer who is subsequently sued for allegedly using such force is not shielded by qualified immunity, a 9th U.S. Circuit Court of Appeals panel has ruled.

Qualified immunity won't protect against excessive force used by police dog, a panel rules
Sgt. Michael Goosby, a lead dog trainer for the Los Angeles Police Department, at work training a police dog to attack in 2015. (New York Times News Service)

Well established law says allowing a police dog to bite a fleeing suspect after he has surrendered is unconstitutional, and the officer who is subsequently sued for allegedly using such force is not shielded by qualified immunity, a 9th U.S. Circuit Court of Appeals panel has ruled.

The decision, filed April 21, affirms a March 5, 2019 order by Chief Judge Larry A. Burns...