90 F.4th 1215
8th Cir.2024Background
- Katie Whitworth was bitten by Dutch, an off-duty police K9, while visiting the home of Corporal Mark Kling.
- Dutch was playing fetch in Kling’s yard when Whitworth exited the house; Dutch bit her after a spontaneous reaction to laughter.
- Kling had not commanded Dutch to bite and responded immediately to stop the attack and assist Whitworth.
- Whitworth sued Kling for negligence and for constitutional violations, and also sued the City of Bryant, Arkansas, under a Monell theory.
- The district court granted summary judgment to the City and Kling on all constitutional claims and remanded the negligence claim to state court.
- Whitworth appealed the summary judgment dismissal of her constitutional claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the K9’s bite constituted a seizure | An accidental K9 bite should be treated as a seizure | A seizure requires intentional force, not accident | Accidental force is not a seizure under the 4th Amendment |
| Monell municipal liability | City liable for Kling’s conduct under Monell | No violation, so no Monell liability | No constitutional violation; summary judgment to City |
| State constitutional excessive force | State law mirrors the federal claim | State claim follows resolution of federal claim | State and federal claims fail for same reasons |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability for constitutional violations under § 1983)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard when essential element is lacking)
- Brower v. County of Inyo, 489 U.S. 593 (seizure under the Fourth Amendment requires intentional use of force)
- Torres v. Madrid, 592 U.S. 306 (defining seizure as a use of force with intent to restrain)