Facts

At approximately 2:30 a.m., Palo Alto police officers were searching for a kidnapping suspect who was believed to have fled into a residential neighborhood. Officers obtained permission to search a homeowner's backyard and approached a storage shed with Officer Nick Enberg and the police K-9 leading the way. The officers found Joel Alejo sleeping in the shed. Immediately thereafter, the police K-9 clamped his teeth on Alejo. Afterward, officers were finally able to restrain the K-9, Alejo was taken into custody. Alejo filed an action against the City of Palo Alto for his injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that Officer Enberg repeatedly commanded the officer K-9 to bite plaintiff while plaintiff was lawfully in the backyard of his residence and sleeping; that plaintiff was not involved in criminal activity at the time of the attack; that the police did not have a warrant for his arrest and that the attack did not occur in defense of a peace officer or any other person; and that the police K-9 was instructed to and commanded to viciously attack and maul plaintiff, causing severe and permanent injuries.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions. Defendants alleged that after getting consent from a resident, defendants proceeded to search the backyard, where they found plaintiff in the shed; that the resident told defendants that the resident was not aware that plaintiff was in the backyard; that defendants believed that plaintiff was the kidnapping suspect that defendants were searching for.

Damages

Plaintiff claimed damages for wrongful detention, false imprisonment, emotional distress, fear, terror, anxiety, humiliation, loss of sense of security, dignity, and pride. Plaintiff sought $500,000 for medical expenses; $500,000 for loss of earnings; $4 million for future general damages; and $15 million in exemplary damages.

Injuries

Plaintiff was hospitalized and received treatment for gashes, exposed fat cells and damaged nerves on his leg, extreme pain, bleeding, and bruising.

Result

The case settled for $135,000. The City of Palo Alto funded the settlement without any contribution by the City of Mountain View because plaintiff conceded that there was no basis of liability against the City of Mountain View.