CA9: Gratuitous dog bite can be excessive force; no QI here

“Our precedent clearly establishes that releasing a police dog to bite a person who neither endangers officers nor attempts to flee or resist arrest violates that person’s Fourth Amendment right to be free from unreasonable seizure. … Viewing the evidence in the light most favorable to Goode, Zirkle intentionally released Boda to bite a woman who posed no threat to officers and who was not fleeing or resisting arrest. We therefore conclude that the district court did not err in denying Zirkle’s motion for summary judgment on the basis of qualified immunity.” Penaloza v. City of Rialto, 2020 U.S. App. LEXIS 38050 (9th Cir. Dec. 7, 2020).*

Defendant didn’t show a reason or justification for a different interpretation of the state constitution from the Fourth Amendment. The state supreme court has only guardedly done so, and there’s no reason to do so here. People v. Williams, 2020 IL App (3d) 180024, 2020 Ill. App. LEXIS 826 (Dec. 7, 2020).*

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