Lowry v. City of San Diego

Plaintiff filed suit under 42 U.S.C. 1983, alleging that the City's policy of training its police dogs to "bite and hold" individuals resulted in a violation of her Fourth Amendment rights. A police canine bit plaintiff's upper lip during the execution of a search. Plaintiff had fallen asleep in her office and had accidentally triggered the alarm. The en banc court upheld the district court's conclusion that there was no genuine dispute as to whether the door was open, the suite was dark, and warnings had been given; the district court properly concluded that the use of force was "moderate" and not severe; the City had a strong interest in using the force; and the degree of force used was commensurate with the City's interest in the use of that force. The en banc court held that the force used was not excessive and did not violate the Fourth Amendment. Furthermore, because the officers' actions were constitutional, the City was not liable under Monell v. Department of Social Services of New York, 436 U.S. 658, 694 (1978). View "Lowry v. City of San Diego" on Justia Law