Escobar v. Montee

Allegation: Man hits his wife, flees from Grand Prairie, Tex. police. On hearing canine approach, the man drops pocket knife, lies down spread-eagle. The dog bites him for one minute (until he’s cuffed), during which time he cries out in pain, and the officers laugh. District court: Qualified immunity for the initial bite, but a jury might think the prolonged chewing (which tore muscle from bone, caused infection that required four surgeries) was unlawful. Fifth Circuit: Nope. That was fine, too. The man’s mother told police he’d rather die than surrender, so the police reasonably feared for their safety.

Tags: 2018, Fifth Circuit, Police, Qualified Immunity

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