Suspect bit by police dog wins appeal

ANDERSON, Ind. (WISH) - The Indiana Court of Appeals overturned a lower court’s ruling in a lawsuit filed by a man who was bitten by an Anderson Police dog.

In December 2006, Marquis Brooks and a friend left an Anderson teen club after gunshots were fired. While police were investigating the gunshots, they attempted to pull over the car occupied by Brooks and a friend, but the car didn’t stop and led police on a chase. After striking a residence, the two fled on foot. The friend was quickly apprehended, but Brooks hid in a shed.

When police entered the shed, Brooks claims he surrendered, but says the officer ordered the dog to apprehend him. The officer stated that he gave Brooks three verbal warnings to surrender.

Brooks filed the complaint, alleging intentional tortuous conduct and negligence. Summary judgment was granted in favor of the city, the police department, and the officer by the trial court. The Court of Appeals, however, concluded the ruling was in error due to questions over many issues of material fact, including whether Brooks was already secured when the police dog was permitted to bite him a second time.

The Appeals Court reversed the trial court’s order and remanded the case for further proceedings.