Facts

On May 31, 2011, at approximately 12 p.m., plaintiff Robert Rosen, 84, was at home when a uniformed City of Garden Grove police officer rang his doorbell and asked for permission to search his backyard. Police officers were searching for a fleeing suspect, and Rosen gave them a key to a locked gate. Rosen then returned to his back living room and waited for police to enter his backyard. After some time passed, Rosen didn't see any police and he assumed the officer was having difficulty opening the lock on the gate. Rosen exited his back living room through the screen door and was bitten by a police service dog.

Emergency medical personnel responded to the scene and ultimately transported plaintiff to St. Joseph Hospital.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the City of Garden Grove launched a door-to-door residential sweep for two suspects who stole a purse after breaking the window of a vehicle in a grocery store parking lot nearby. The suspects fled into the nearby residential neighborhood. The City of Garden Grove Police requested additional support from the cities of Anaheim and Orange to coordinate their search. Anaheim police responded with a police canine unit and a helicopter. Officers quickly set up a perimeter and initiated a door-to-door search of backyards.

Plaintiff argued that that the use of a police dog was improper in the first instance and constituted negligent and excessive use force as the suspects were in the process of fleeing the scene of misdemeanor activity and had not engaged in violent felony conduct.

Plaintiff further argued that he was never informed about the use of a police dog to search his backyard. In addition, plaintiff was never instructed to remain inside his residence nor was he told to close any open windows or doors to his backyard. Had plaintiff been properly instructed about the use of a police dog to search his backyard, he would not have gone outside.

Lastly, plaintiff argued that the police dog used was trained to find and bite rather than find and bark.

DEFENDANT'S CONTENTIONS:
The City of Garden Grove and City of Anaheim alleged that use of the police dog to search for the fleeing burglary suspects was proper.

The City Garden Grove further claimed that their officer notified plaintiff about the use of the police dog and instructed him to remain inside the house during their initial discussion at the front door.

The City of Orange claimed that none of their officers were involved in the search of the Rosen residence.

Specials in Evidence

$25,117

Injuries

Plaintiff suffered multiple dog bite lacerations/puncture wounds right upper extremity requiring surgery; multiple right arm lacerations with muscle and tendon injury; left hand lacerations requiring suture repair; lower extremity bruises and lacerations.

Result

The case settled for $240,000, as follows: $135,000 as to Garden Grove, and $105,000 as to Anaheim. The City of Orange didn't contribute to the settlement.

Other Information

No digital audio recordings existed regarding plaintiff's initial discussion with the police officer at his front door. The City of Anaheim admitted that the PA system on their air support helicopter wasn't functioning at the time of the incident and failed to broadcast an audible warning announcement regarding deployment of the police dog used during any of the backyard searches. MEDIATOR: Byron Rabin, Judicate West, Santa Ana.