· 4/27/2004
Jeffrey M. Kuha v. City of Minnetonka William Roth Kevin Anderson Dennis Warosh
Citations
- 365 F.3d 590
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that.the use of a police dog trained to track and bite is not “deadly force”
- observing that a warning “would likely diminish the risk of confrontation by increasing the likelihood that a suspect will surrender”
- reasoning that in situation in which suspect was hiding in a location unknown to the officers, reasonable officer could conclude that “a warning would place the officers at undue risk”; distinguishing Kopf and Vathekan
- holding it was not unreasonable for officers to extend a dog bite seizure for ten to fifteen seconds while searching the area around an unarmed suspect who nevertheless inexplicably fled from a minor traffic stop
- finding that a rational jury could conclude that officers acted unreasonably by failing to give a warning prior to deploying a police dog even though the dog was kept on a lead during the track
- emphasizing this difference in holding that no rational jury could find officer’s actions in prolonging the dog-bite seizure were unconstitutional
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Gibson, Melloy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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