Facts

Kevin Cole was at a shopping plaza in Sacramento California with his pit bull dog, Nikki and stopped to eat a sandwich and feed his dog when he was asked to leave by a security guard. Cole refused to leave so the security guard summoned a Sacramento Police Officer. The police officer was unable to talk Cole into leaving and during the encounter formed the belief that Cole was under the influence and unable to care for himself. The officer attempted to detain Cole who became agitated and refused to comply with commands. The officer went hands on and Cole's dog became aggressive and at one point had the officer's hand in its mouth. The officer called for back-up and alerted dispatch that there was an aggressive dog on scene. Two back up officers arrived and gained control of Cole. During the encounter the officers released the dog from Cole's grasp and the dog momentarily ran away but then returned and lunged at the officers. One of the officers discharged his firearm at the dog. Bullet shrapnel hit the dog's foot, the bridge of Cole's nose, and a nearby security guard causing injuries to each. Cole later sued the City of Sacramento, the Sacramento Police Department and the individual officers involved for civil rights violations.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants' actions constituted false arrest, excessive
force and unreasonable seizure of property in violation of his civil and constitutional rights. Plaintiff also contended that defendants were liable for the emotional pain from their conduct and damages from plaintiff's loss due to defendants' conduct.

DEFENDANT'S CONTENTIONS: Defendants contended that the discharge of the firearm was reasonable because Plaintiff's dog posed an imminent threat of death or serious injuries to the officers while they were attempting to lawfully detain Plaintiff.

Result

The parties settled the claims for $99,000.