975 N.E.2d 395
Ind. Ct. App.2012Background
- Brooks and friend were at a teen nightclub when gunshots occurred and fled; Brooks drove a 1994 white Dodge Spirit with a suspended license, underage drinking, and marijuana use.
- Brooks led police on a high-speed pursuit after failing to stop for Officer Fedrick; the chase ended when he struck a residence and fled on foot.
- Brooks was captured by Robinson, while Brooks hid in a shed as Rex, the police dog, was brought in to locate him; officers surrounded the shed.
- Officer Barnett deployed Rex on a six-foot leash; Barnett claims three warnings were given before the bite, while Brooks says he surrendered when the dog entered the shed.
- Brooks sustained injuries from Rex biting his arm and then a severe scrotal laceration during the apprehension while on the ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are genuine issues about excessive force by Rex | Brooks: force excessive; dog bite after surrender | Barnett: dog bite within reasonable force and warnings given | Yes; genuine issue of material fact remains |
| Whether summary judgment was proper given the disputed facts | Brooks: disputes preclude ruling as a matter of law | Appellees: no genuine issues of material fact; proper under summary judgment | No; summary judgment inappropriate; remanded |
Key Cases Cited
- Shoultz v. State, 735 N.E.2d 818 (Ind. Ct. App. 2000) (reasonable force analysis for excessive force cases; six-factor framework discussed)
- Spudich v. N. Ind. Pub. Serv. Co., 745 N.E.2d 281 (Ind. Ct. App. 2001) (summary judgment standard and genuine issues of material fact)
- U.S. Steel Corp. v. N. Ind. Pub. Serv. Co., 907 N.E.2d 1012 (Ind. 2009) (de novo review of summary judgment; factual disputes overview)