K-9 Bites can cause life-altering injuries, even death.
Dogs used in arrests are bred and trained to have a bite strong enough to punch through sheet metal. Their bites can be more like shark attacks, according to experts and medical researchers. When they are used on people, they can leave harrowing scars, torn muscles and dangerous infections. A woman’s scalp was torn in California; a man’s vocal cords were damaged in Colorado; an Arizona man’s face was ripped off.
Occasionally, someone dies after an encounter with a police dog. Most recently, a 51-year-old handyman bled to death after being bitten by a police dog in Montgomery, Alabama, in 2018.
Can Law Enforcement Legally Use Dogs?
In short, yes. The police and military are allowed to legally use dogs for law enforcement purposes. Typical uses for dogs, also known as “K9 units” include searching for drugs, patrol, and making arrests of fleeing criminals. Although many police and military forces utilize K9 units, and the dogs that are used are certified for use in those respective forces, there are very few guidelines in place for the selection of or training of K9 units.
It is important to note that the laws concerning the use of dogs for law enforcement purposes will differ by state. This means that there is no uniformity from one state to another, or even from one county to another, regarding the way in which police dogs may be utilized. In fact, some state statutes give police and military forces special protection when their dogs inflict injuries on people under certain circumstances.
However, similar to the human police force, K9 units are still subject to the laws that regulate the use of excessive force by the police. Although the exact laws may differ by jurisdiction, the police are forbidden from using excessive force when making an arrest. Additionally, there is also no protection for police or military forces when their K9 units cause injuries outside the scope of proper law enforcement activities.
Thus, if the police misuse their K9 unit, any individual that is harmed by the K9 unit may be able to file a civil lawsuit against the police force based on police brutality and excessive use of force.
Similar to how the police force may utilize tasers, guns, or pepper spray in furtherance of their duties, they may also utilize K9 units in furtherance of their police duties. However, the use of the K9 unit must be reasonable under the circumstances.
There are many factors that a court will consider when determining whether or not the use of a K9 unit is excessive and unreasonable including:
Can I Sue for Injuries Caused by a Police Dog?
If an individual is bitten by a police dog, and that bite results in injury to that individual, then that individual may be able to bring a case against the police force for the damages suffered in violation of their Fourth Amendment rights. Although there are many state statutes concerning liability for owners of dogs or animals that injure others, such statutes will not be applicable to K9 units, as there is an exception to liability for police units.
However, if the person that was bitten was not a suspect of a crime, then they may be able to bring a civil lawsuit against the police for injuries suffered by a K9 unit under the typical dog bite statutes.
Other than bystanders, police dog bite lawsuits that are brought for injuries caused by police dogs are usually brought under the Federal Civil Rights Act of 1964. Once again police are generally forbidden from using unreasonable force when making an arrest. Therefore if the police are found to use excessive force, the police force may be required to compensate the victim. Additionally, in some cases the officers that were in control of the K9 might also be punished.
For example, if the controller of the K9 unit was either negligent in their control of the unit, or caused the K9 unit to utilize excessive force out of malice, they may have to pay punitive damages to the victim. Importantly, federal law allows victims some advantages in filing a lawsuit against a police force, including the ability to obtain attorney’s fees and costs associated with their lawsuit.
Numerous courts have held that officers are allowed to use dogs to bite and hold an individual suspected of committing a crime. Once again, the use of the K9 unit must be reasonable under the circumstances. For example, in one federal case the court held that it was unreasonable for the police to utilize a K9 unit because the officers did not first give the suspect a chance to surrender prior to using the dog.
Another instance where a court found the use of the K9 unit to be unreasonable was when a K9 unit was utilized on a man who had been stopped for a minor traffic violation. In that case, the man suffered severe injuries to his upper leg by the K9 unit as he fled from his vehicle.
Police dogs recovering after being shot in the line of duty — Dan Abrams talks to K9 handlers
Study objective: To quantify the number of individuals bitten, the number of bites per patient, and the types of injuries and complications caused by law enforcement K-9 dog bites treated in the Jail Ward Emergency Department of the Los Angeles County-University of Southern California Medical Center. These variables were compared before and after a change in K-9 police policy from the “bite-and-hold” to the “find-and-bark” technique or stricter controls were instituted over the K-9 teams.
Methods: A retrospective chart review of all patients in police custody with K-9 dog bites who presented to the Jail Ward ED between January 1, 1988, and December 31, 1995, was conducted. Demographic data of patients with K-9 dog bites, the number and location of bites, complications, procedures performed, and management of bites were recorded and compared between the periods 1988-1991 (before the policy changes) and 1992-1995 (after the changes).
Results: Between 1988 and 1995 790 in-custody patients were treated for K-9 dog bites in the Jail Ward ED; 705 charts were available for review. Nearly all the patients (98.6%) were male, with a mean age of 25; 85.0% were Hispanic or black. More than half (57.2%) sustained three or more bites, mainly to the extremities. Complications ensued in 19.3%: vascular in 7.0%, infection in 5.0%, fracture or cortical violation in 4.0%, nerve injury in 1.9%, and tendon injury in 1.1%. Half (49.9%) were hospitalized, with a median stay of 3 days. After the change in K-9 policy, the number of patients with K-9 dogs bites presenting to the Jail Ward ED decreased from 639 (1988-1991) to 66 (1992-1995). The proportion of patients who sustained three or more bites decreased from 58.4% to 45.5%. The rate of vascular complications decreased from 7.5% to 1.6%, the rate of fractures decreased from 2.4% to 0, and the rate of cortical violations increased from 1.4% to 6.3%. The proportion of patients hospitalized decreased from 52.0% to 33.8%.
Conclusion: K-9 dog bites are associated with significant injuries and complications. In this study, changes in law enforcement K-9 policy contributed to a significant decrease in the overall number of individuals bitten, the number of injuries and complications, and the proportion of patients hospitalized.