Police K9 Dog Bite Injury Cases in Mississippi

On occasion, an innocent bystander can be the victim of a police K9 dog bite attack. Often, this can happen when a person is standing near a patrol car, and the K9 escapes from the car. Other times, an innocent victim could be walking on a public street and just happen to be in the pathway of a police dog who is looking for a suspect. While it is rarely talked about, K9 dog bites do happen to innocent people, and, in some cases, the injuries are severe.

An expert on police dog bites, Richard Polsky, reviewed more than two dozen instances of a police K9 biting an innocent bystander. Polsky set out to find in each of these cases whether the police dog had actually been “deployed” by its handler, the breed of the dog, the gender of the victim, the area where the dog bites occurred, and whether the dog was on or off a leash. Polsky’s findings included the following:

• When an innocent bystander is bitten by a K9 police dog, the dog was most often not on a leash and was in active pursuit of a suspect.
• In most of the cases, the dog had been given a command to search for and apprehend a suspect.
• Most of the K9 bite injuries on innocent bystanders happened after dark, some in the yard of the innocent bystander.
• Even the most well-trained police K9 is subject to making a mistake, attacking a person other than the subject they are pursuing.
• Even when the handler has the dog on a leash and is “in control” of the K9, about 18 percent of the total number of police dog bite attacks on innocent bystanders occurred in such a situation.
• Nearly a full third of the attacks occurred when the K9 dog was not in service or in pursuit of a suspect.
• In 16 percent of the total number of instances of the police K9 biting an innocent bystander, the victims were bitten on the arms or legs.
• In 77 percent of the incidents of K9 bites on innocent bystanders, the victim was male.

Overall, K9 handlers tend to be defensive of their “partners,” and rarely want to acknowledge any type of behavioral error made by the dog. Some of the more common types of behavioral mistakes in K9 bite cases include the following:

• K9’s tend to stay in a high state of aggressive arousal.
• This aggressive arousal state makes the dogs difficult to control.
• Police patrol dogs are prone to attack the first person they encounter when searching for a suspect.
• The handlers often have a problem convincing the dog to stop attacking on a verbal command—it is motivationally difficult even for the best-trained dog and the most experienced handler.
• Even K9s involved in police dog attacks will continue to stay in service.
• Some departments have shifted from the “bite and hold” training to alert by barking, rather than biting after the suspect has been located.

Cases of K9 Dog Bites on Innocent Victims

Just this last September, a five-year-old Mississippi boy was bitten by an off-duty police K9, near Harrisonburg. Although the boy’s mother is seeking damages for the injuries inflicted on her son (bites all over his body, except for his face), the dog bite injury was blamed on provocation. It appears the boy and his sister went into the yard where the K9 dog, Rambo, lived, and the boy hit the dog.

In a recent Nevada case, the police released a K9 police dog into the car of a man, even after they realized it was not the man they were looking for. Unfortunately, the police were unaware there was a 17-month-old child in the car. By the time they could stop the dog attack, it had already bitten the child, leaving her with nine wounds on her right arm.

It is important to remember that trained police dogs are not machines; they are prone to making mistakes. Despite how well-trained a K9 police dog might be, all police dogs can bite the wrong person. Furthermore, the manner in which the handler employs the dog, as well as inadequate policies and training, can lead to innocent individuals suffering severe police dog bite injuries.

K9 Bite Cases Involving Surrendered Suspects

Oftentimes, K9 dogs are used to locate or pursue individuals that are trying to evade law enforcement. While the use of K9s in law enforcement can be appropriate, excessive or improper use can result in K9 bite wounds to suspects who have already surrendered. These are especially troubling when the suspect poses no threat and the police dog bite occurs without justification.

Legal Help for Victims of K9 Dog Bites

If you or a loved one suffered a police K9 bite—whether as an innocent bystander or someone who surrendered—you may have legal rights. The attorneys at Stroud, Flechas & Dalton are experienced in handling Mississippi K9 dog bite cases, including excessive force claims involving police dogs. If you were attacked by a K9 from the Olive Branch Police Department, the Horn Lake Police Department, the Desoto County Sheriff’s Department, or the Southaven Police Department, call us at (662) 371-6580. We are here to help you recover from a traumatic K9 dog attack and seek justice.