CPT consulted in a civil case involving police brutality. The Gwinnett County police believed the Plaintiff robbed a convenience store, then stole an automobile to aid in his escape. The police pursued the stolen automobile, whereby they stated they visually observed the Plaintiff abandon the automobile alongside a road and flee by foot into a wooded area. The police strategically positioned backup officers around the perimeter of the wooded area. A Gwinnett County police dog then tracked the suspect Plaintiff from the point of the abandoned car into a specific thicket within the wooded area. Once the Plaintiff’s position was located, the police dog handler verbally informed the hidden Plaintiff that he was under arrest and that he was to move into view. When the Plaintiff refused the police dog handler’s requests, the handler announced three times that he would “send” his dog and that the dog “will bite.” The handler released the dog, whereby the dog bit the Plaintiff on the arm. Subsequently, the handler and an accompanying officer attempted to subdue and handcuff the Plaintiff. In the process, the Plaintiff again fled on foot.
The handler again announced that he would “send” his dog and that the dog “will bite.” The officer released the dog. The dog bit the fleeing Plaintiff in the posterior thigh, causing severe injury, including deep lacerations and tearing of the hamstring muscle.
The Plaintiff’s attorney’s requested that the CPT expert witness analyze case files, depositions, Gwinnett County regulations regarding handling and usage of police dogs, and the training records of the particular police dog and handler to determine whether the handler violated standard protocols or procedures or whether training records indicated that the dog was either not trained to specification or exhibited abnormally aggressive behavior. A research report and verbal summation to the Plaintiff’s attorneys concluded that the officer followed standard Gwinnett County protocols and that the dog acted in accordance with guidelines. Therefore, the case was weak regarding improper handling or training of the dog. However, further analysis concluded that the Gwinnett County police handler protocols were more aggressive than those utilized in surrounding counties. Thus, moving forward, the strategy of the case should not focus on the officer or dog acting improperly per the standards established by the Gwinnett County police department, as was originally the goal of the Plaintiff’s attorney. Instead, the strategy of the case should focus on the legal possibility that the standards of the police department allowed the use of unwarranted “excessive force” that posed unnecessary and unreasonable risk of injury to the Plaintiff and violated the Plaintiff’s constitutional rights, which was an issue better left to an expert in criminal justice or constitutional law than an expert in animal behavior and training.