Cooper v. Brown, No. 16-60042 (5th Cir. 2016)Annotate this Case
Plaintiff filed suit against defendant under 42 U.S.C. 1983, alleging that defendant's use of force was objectively unreasonable under the Fourth Amendment. The district court granted plaintiff's motion for summary judgment and denied defendant qualified immunity. The court concluded that, under the facts in this record, permitting a police dog to continue biting a compliant and non-threatening arrestee is objectively unreasonable. Because plaintiff's right was clearly established at the time, the court affirmed the order denying qualified immunity. The court dismissed the appeal of the partial summary judgment for plaintiff for want of appellate jurisdiction.