Chew

Opinion by Judge REINHARDT; Partial Concurrences and Partial Dissents by Judges NORRIS and TROTT.

On appeal, Thane Carl Chew seeks the right to pursue his claims for damages resulting from dog bites inflicted on him by a police dog the Los Angeles Police Department uses to capture suspected criminals. Chew brought his action in federal district court pursuant to 42 U.S.C. section 1983 . He sued the City of Los Angeles, Police Chief Daryl Gates, and various other members of the police department for violations of his Fourth and Fourteenth Amendment rights. The district court granted summary judgment to all of the defendants except Officer Daniel Bunch. When Bunch’s case went to trial, Chew introduced evidence that the officer both turned the police dog loose on him and assaulted him directly. The jury returned a general verdict in the amount of $13,000 against Bunch. This appeal involves only the district court’s grant of summary judgment in favor of the other defendants, including the city. We have jurisdiction under 28 U.S.C. § 1291 .

Although there are a number of important issues raised by this case, the two most fundamental are whether the Los Angeles Police Department’s…

concurring in part and dissenting in part.

Thane Carl Chew was stopped by a Los Angeles Police Department (“LAPD”) officer for a traffic violation and identified himself by presenting his driver’s license. When the officer returned to his car to check Chew’s record, Chew ran away. The officer pursued Chew, who scaled several fences during the chase before ultimately hiding in a scrapyard. During the subsequent search, which involved a number of officers and several K-9 units, Officer Bunch unleashed a police dog named Volker to find Chew. Defendants stipulated for summary judgment purposes that Chew “tried to surrender peacefully once he realized he had been found” by Volker. Defendants’ Reply to Plaintiffs Opposition to Defendants’ Motion for Summary Judgment at 2 [hereinafter “Defendants’ Reply”]. Nevertheless, Volker seized Chew by biting him hard and holding on to him. Volker was out of Officer Bunch’s sight when he located Chew and initiated his attack. Volker’s attack left Chew with severe bite injuries on his arm and torso. At the time Officer Bunch released Volker, Bunch knew only that there were three outstanding warrants for Chew’s arrest on unspecified felony charges.…

Concurring and Dissenting:

My respected colleagues have come to some unsupportable conclusions about this case that are irreconcilable with the real world of police work and its hazards. In so doing, I believe they have inappropriately hobbled the police in this circuit with respect to the use of a valuable tactic in connection with the difficult and perilous task of pursuing and arresting felons who seek to evade arrest by secreting themselves in menacing environments. Thus, I am unable to join in the part of Judge Reinhardt’s opinion holding that the initial release of Volker by Officer Bunch constituted a use of unreasonable force.

I

At this moment in history, criminals are succeeding in doing what no foreign power has ever been able to accomplish: they have invaded our streets, parks, beaches, and backyards and made many feel like prisoners in their own homes. More and more, criminals are carrying and using firearms. This appalling condition is a matter of common knowledge and concern. As I write this dissent, Mayor Sharon Pratt Kelly of Washington, D.C., our nation’s capítol no less, has asked the President of the United States to call out the National Guard to combat…