Lowry v. City of San Diego, No. 13-56141 (9th Cir. 2016)
Annotate this CasePlaintiff filed suit against the City under 42 U.S.C. 1983, alleging that the City's policy of training its police dogs to “bite and hold” individuals resulted in a violation of her Fourth Amendment rights. Plaintiff accidentally triggered the burglar alarm when she stayed the night on her office couch. The district court granted the City’s motion for summary judgment. The court concluded, however, that a reasonable jury could find that the police officers responding to the alarm used excessive force when they deliberately unleashed a police dog that they knew might well “rip[] [the] face off” any individual who might be present in the office. Because a reasonable jury could find that the force used was excessive, and the City concedes that the use of the force involved was in conformance with its policy, the court reversed and remanded for further proceedings.
Court Description: Civil Rights. The panel reversed the district court’s summary judgment and remanded in an action brought pursuant to 42 U.S.C. § 1983 alleging that the City of San Diego’s policy of training its police dogs to “bite and hold” individuals resulted in a violation of plaintiff’s Fourth Amendment rights. The panel held that a reasonable jury could find that police officers responding to an office building’s burglar alarm used excessive force when they deliberately unleashed a police dog that they knew might well “rip[] [the] face off” any individual who might be present in the office. Because a reasonable jury could find that the force used was excessive and because the City conceded that the use of the force involved was in conformance with its policy, the panel reversed the district court’s summary judgment in favor of the City and remanded for further proceedings. Dissenting, Judge Clifton stated that given the facts available to the reviewing court, it was clear that the type and amount of force inflicted was moderate, that the City had a strong interest in using force, and that the degree of force used was commensurate with the City’s interest in the use of force. Judge Clifton stated that the officers’ actions were constitutional, and there could be no liability under Monell v. Dep’t of Soc. Servs. of the City of N.Y., 436 U.S. 658 (1978). LOWRY V. CITY OF SAN DIEGO 3
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