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The Fifth Circuit Court of Appeals addressed a lawsuit against a canine officer for excessive force, specifically a K9 bite on an emotionally disturbed woman. The court examined whether the officer was entitled to qualified immunity, considering the severity of the situation, the threat posed by the woman, and her level of resistance. While the court found the dog bite constituted excessive force, violating the Fourth Amendment, it determined the law wasn't clearly established enough to deny the officer qualified immunity. The court's decision hinged on comparing the case to a prior Fifth Circuit case involving a prolonged K9 bite on a compliant individual, concluding that the difference in circumstances prevented a finding of liability. The key distinction was the level of resistance exhibited by the woman and the length of time the dog bit her.
By Daniel W. SwearThe Fifth Circuit Court of Appeals addressed a lawsuit against a canine officer for excessive force, specifically a K9 bite on an emotionally disturbed woman. The court examined whether the officer was entitled to qualified immunity, considering the severity of the situation, the threat posed by the woman, and her level of resistance. While the court found the dog bite constituted excessive force, violating the Fourth Amendment, it determined the law wasn't clearly established enough to deny the officer qualified immunity. The court's decision hinged on comparing the case to a prior Fifth Circuit case involving a prolonged K9 bite on a compliant individual, concluding that the difference in circumstances prevented a finding of liability. The key distinction was the level of resistance exhibited by the woman and the length of time the dog bit her.