326 F. Supp. 3d 733
D. Me.2018Background
- At dawn on Sept. 23, 2017, St. Paul K-9 handler Officer Thaddeus Schmidt deployed K-9 Gabe on a tracking search for burglary suspects; Schmidt put Gabe on a 20-foot lead and gave two initial K-9 warnings at the start of the search.
- During a seven-minute search of backyards and an alley, the officers learned one suspect had been apprehended; Schmidt nonetheless continued the search saying he wanted to find a sweatshirt.
- Gabe alerted near a dumpster, ran out of sight, and then bit Desiree Collins (a 52-year-old neighbor taking out trash) on her arm and leg, holding on for ~30 seconds; Collins did not hear Schmidt’s earlier warnings.
- Schmidt attempted leash control and an e-collar command but could not immediately stop the bite; internal review found failures in warnings, leash length, and e-collar settings and resulted in one-day suspension.
- Collins sued under 42 U.S.C. § 1983 alleging an unreasonable seizure (Fourth Amendment); court considered cross-motions for summary judgment and found no genuine dispute on liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Gabe's bite a Fourth Amendment "seizure"? | Collins: yes — handler intended dog to bite the first person encountered, so bite was intentional seizure. | Schmidt: no — Collins was not the intended target; bite was like an errant bullet hitting a bystander. | Bite was a seizure: handler intended dog to seize the first person encountered; Szabla and related authority support this. |
| Was the seizure reasonable? | Collins: no — lack of effective warnings, excessive 20-ft lead, and continuing search after suspect apprehension made use unreasonable. | Schmidt: deployment and actions were reasonable under circumstances; mistakes were negligent, not constitutional violations. | Unreasonable as matter of law: failures to give effective audible warnings and maintain control rendered the seizure unreasonable. |
| Did Schmidt act within training/policy? | Collins: no — internal review found policy/training violations (warnings, lead length, e-collar setting). | Schmidt: disputes degree but accepts some discipline; argues errors do not rise to constitutional level. | Court found those failures established and material to unreasonableness. |
| Is Schmidt entitled to qualified immunity? | Collins: no — clearly established law required effective warnings and reasonable K-9 control; officer had fair notice. | Schmidt: reasonable but mistaken judgment entitled him to immunity. | No qualified immunity: existing precedent and consensus provided fair warning that conduct violated the Fourth Amendment. |
Key Cases Cited
- Brendlin v. California, 551 U.S. 249 (seizure occurs when officer by physical force or show of authority intentionally restrains freedom of movement)
- Brower v. County of Inyo, 489 U.S. 593 (seizure where instrumentality set in motion by police terminates movement)
- Szabla v. City of Brooklyn Park, 429 F.3d 1168 (Eighth Circuit recognized submissible excessive-force case where K-9 seized an individual)
- Graham v. Connor, 490 U.S. 386 (Graham factors govern reasonableness of force)
- Kuha v. City of Minnetonka, 365 F.3d 590 (warnings are critical before releasing a police dog)
- Hope v. Pelzer, 536 U.S. 730 (officials can be on notice that conduct violates law even in novel facts)
- Ashcroft v. al-Kidd, 563 U.S. 731 (clearly established law requires precedent placing constitutional question beyond debate)