Facts

On June 25, 2018, Jovane Leonard entered local Santa Monica business Spokes N' Stuff and tried on a pair of sunglasses. As Leonard was leaving, a store employee followed after him and accused Leonard of stealing the sunglasses. An altercation ensued and Santa Monica police officers responded to the scene. Leonard was then involved in a physical struggle with officers when one officer arrived and made the decision to deploy his K-9.

After suffering a dog bite, Leonard was treated at a local hospital and was medically cleared for booking into jail.

Plaintiff later brought suit alleging excessive force and other claims under federal and state law.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he was racially profiled and discriminated against by the store employee. Plaintiff also contended that he was wrongfully accused of stealing the sunglasses because he did not take them from the store. Moreover, he was attacked by the police K-9 because it was deployed without warning and bit his leg even though two officers had already subdued him.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions. Defendants contended that Leonard was stealing from Spokes N' Stuff and the employee followed Leonard outside to demand that he return the property. Leonard struck the employee in the face with his fist, re-entered the store, and then absconded from the scene. Another employee called the police and requested assistance.

Santa Monica Police Officers responded and attempted to detain Leonard, who physically resisted their efforts by pulling his arms towards his waistband and using his legs to push off of the ground. While the officers were struggling with Leonard on the ground, another Officer arrived on scene and made the decision to deploy his K-9 in order to apprehend Leonard. The K-9 apprehended Leonard on his leg. Officers were then able to secure Leonard in handcuffs, and the K-9 was immediately removed.

Injuries

Jovane Leonard suffered a dog bite wound on his leg and lacerations to the front of his calf.

Result

A $99,000 settlement was paid on behalf of the City defendants. The Spokes-n-Stuff defendants entered into a separate, undisclosed settlement agreement.