Rogers v. City of Kennewick

MEMORANDUM **

Defendants-Appellants the City of Kennewick, et al., and Richard and Jane Doe Dopke appeal the district court’s judgment following a jury verdict of unlawful seizure, the award of compensatory and punitive damages to Plaintiffs Kenneth and Mary Lou Rogers, and the district court’s grant of attorneys fees and costs to the Rogers.

1. Although Mr. Rogers was not the actual suspect that the police officers sought, the police K-9’s biting of Mr. Rogers constituted a seizure under the Fourth Amendment. See Brower v. County of Inyo, 489 U.S. 593, 596 , 109 S.Ct. 1378 , 103 L.Ed.2d 628 (1989) (“A seizure occurs even when an unintended person or thing is the object of the detention or taking ... ”) (citation omitted). Substantial evidence supported the finding that excessive force was used. See Harper v. City of Los Angeles, 533 F.3d 1010, 1021 (9th Cir. 2008).

2. The district court did not err in denying qualified immunity to the appellants. See Torres v. City of Los Angeles, 548 F.3d 1197, 1210-11 (9th Cir.2008). Nor did the district court err in declining to instruct the jury regarding federal qualified immunity. The jury’s finding that the appellants committed an…