James Tracey Miller v. Clark County Edward J. Bylsma, in His Capacity as a Police Officer for Clark County and as an Individual

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “the intrusion on Miller’s 15 Fourth Amendment interests was a serious one.”
• concluding that the use of an off-leash police dog was reasonable and rejecting the alternative proposal of keeping the dog on-leash, because it could have led the officer into an ambush or pulled him “into a dangerous situation with no opportunity to react safely”
• concluding that officer's use of a police dog to bite and hold 22 suspect until deputies arrived on the scene less than a minute later was a reasonable seizure that 23 did not violate the suspect's Fourth Amendment rights
• holding officer’s use of properly trained police dog that bit suspect’s arm 27 for 60 seconds did not amount to deadly force
• finding that active flight at the time of arrest favors the government’s use of force
• stating that expert testimony that a dog bite constituted “deadly force” amounts to a legal conclusion

Source: CourtListener parenthetical corpus (CC0).