Facts

On May 2011, the police was investigating the robbery of a nearby pizza restaurant. A police dog tracked the scent to an industrial park, which shared an 8-foot wall with Porter's mobile home park. The officers allegedly lifted the dog over the security wall and instructed the dog to resume tracking the suspect. Jesse Porter was in his backyard on the other side of the wall when the dog "brutally and relentlessly mauled" him.

The dog's bite left a hole in Porter's left calf muscle. He developed gangrene on his leg, which was subsequently amputated above the knee. He died at a rehabilitation center less than two months later on July 27, 2011.

Porter's survivors sued the City of Hayward and several of the officers involved in the matter.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants were negligent in the handling of the dog, and violated the decedent's civil rights. They also contended that the decedent was in his own backyard and was not suspected of any criminal wrongdoing when the police dog bit him. Plaintiffs further contended that defendants failed to control the dog, which had a prior history of biting innocent bystanders. Plaintiffs also contended that defendants violated the decedent's constitutional rights against unreasonable searches and seizures.

DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of the cause of decedent's death, noting that a coroner's autopsy report stated that he died from severe atherosclerotic and hypertensive cardiovascular disease. Defendants also contended that the dog was properly trained, and performed the search as it was trained. However, the dog mistook the decedent for the suspect because the decedent was lying unconscious in the bushes behind his mobile home. Defendants further contended that the decedent was unconscious due to his pre-existing heart condition and dying of exposure.

Damages

Porter's survivors sought pre-death pain and suffering damages.

Injuries

Porter was bit in his left calf, which left a gaping hole in his calf muscle. He was rushed to the hospital for treatment, but he subsequently developed gangrene, requiring an above-the-knee amputation. He ultimately died on July 27, 2011, less than two months from the date of the incident.

Result

The city denied any liability, but agreed to a $1.5 million settlement.