Watkins

Oakland Police Department (OPD) Chief Joseph Samuels, OPD Officer Craig Chew, and the City of Oakland appeal the district court’s denial of their motion for qualified immunity and summary judgment in Nathaniel Watkins’ action for damages from dog bite injuries inflicted on him by “Nero,” an OPD canine, during his apprehension and arrest for burglary. Watkins brought this action in federal district court pursuant to 42 U.S.C. § 1983 claiming a violation of the Fourth Amendment’s prohibition on the use of excessive force in effecting an arrest. The district court denied Chief Samuels and Officer Chew’s summary judgment motion finding that Watkins had raised “a genuine issue of material fact as to whether the force used against [Watkins], including allowing Nero to continue biting [him] until [he] showed his hands, was reasonable under the circumstances.” The district court also denied Oakland’s motion for summary judgment finding the city could be liable if Officer Chew used excessive force in apprehending Watkins. Appellants appeal these interlocutory rulings.

BACKGROUND

On November 20, 1993, Officer Chew and his police canine “Nero” responded to a silent alarm at Hart & Son Auto…