Cartier Anderson v. City of Long Beach, and Does 1 through 10, jointly and severally
Published: Mar. 15, 2014 | Result Date: May 31, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-01928-VBK Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Alexis Galindo
(Curd, Galindo & Smith LLP)
Defendant
Monte H. Machit
(Office of the Long Beach City Attorney)
Facts
On April 13, 2011, Cartier Anderson was running away from Long Beach Police Department police officers and hid in the backyard of a residence. The officers deployed a canine unit. The canines bit the plaintiff.
Anderson sued the City of Long Beach for alleged civil rights violations.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that although he did not pose a threat to the officers, the officers deployed a canine unit. The canines found Anderson, and the officers instructed them to attack him. They bit and attacked Anderson, causing him to lose his left ear.
Anderson asserted causes of action for violations of his civil rights, violations of the California Civil Code, negligence, and assault and battery.
DEFENDANTS' CONTENTIONS:
Defendants' contended that Anderson had been identified as potentially armed and dangerous when police officers approached him. The plaintiff ignored the officers' orders and ran away. Defendants claimed Anderson remained in hiding in a residential neighborhood, while the officers warned him several times that a canine unit was present. The officers contended that they also told plaintiff that if he didn't come out of hiding, the dog would be released and he would be bit. Plaintiff did not come out and was bit when he tried to evade the police canine.
Result
The jury found that the officers' actions did not constitute excessive force.
Other Information
FILING DATE: March 7, 2012.
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