Facts

David Aceves sued the City of San Diego, in connection with an incident that allegedly occurred on Aug. 15, 2015.

PLAINTIFF'S CONTENTIONS:
Plaintiff, a resident of Texas, was in town attending a professional convention. He became disoriented while traveling on foot through La Jolla's canyon park. Officers deployed a police dog that attacked plaintiff. The dog bit plaintiff on his right leg. At the time of the attack, plaintiff was unarmed and unclothed. Plaintiff sued defendants for excessive force in violation of his civil rights under Section 1983 and negligence.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was at a bar in San Diego when he met a woman and went home with her. At her home, he ingested a central nervous stimulant. The following morning, while still under the influence of the drug, plaintiff took off his clothes, and ran through a canyon yelling for help. San Diego police officers, including a K9 officer with his dog, were dispatched. Defendant contended that plaintiff was running naked into the canyon, which was very steep and covered with large rocks, branches and bushes. The officers located the plaintiff and directed him to come out of the canyon. The plaintiff appeared agitated and was screaming about "Josiah." He was seen running naked full speed through bushes, weeds and thickets. He had red scratch marks on his back, legs, chest and stomach. He was also perspiring excessively.

Eventually, the officers persuaded the plaintiff to climb out of the canyon. Upon reaching the edge of the canyon, the officers instructed the plaintiff to turn around and put his hands behind his back. The plaintiff refused and lunged toward the officers with his hands clenched. The K9 officer deployed his police service dog because he believed that the plaintiff appeared to be under the influence of a central nervous stimulant and, therefore, would not respond to lesser force options. The police service dog bit the plaintiff on his right calf and stayed on the bite until the plaintiff was fully handcuffed.

Injuries

Aceves sustained multiple lacerations and a degloving injury to his right leg.

Result

The city agreed to settle for $385,000.

Other Information

FILING DATE: Dec. 18, 2015.