LEGAL ISSUES
Can a
K- 9 Bite
Constitute
Deadly
Force?
BY JOHN M. PETERS
It’s important to know the full ramifications of legal
rulings before applying them to K- 9 work.
NE OF THE CHALLENGES of brief legal
updates is their tendency to focus on the high-
lights of a court ruling while overlooking the
most important aspects of a decision. A case in
point is Robinette v. Barnes, 854 F 2d 902 (6th Cir 1988).
In the 22 years since it was decided, Robinette has been cited
by at least 55 other courts addressing K- 9 as a use of force.
Robinette is commonly relied upon by law enforcement as
the case that established that K- 9 use does not constitute
deadly force. However, that is not what the Robinette court
said, and it is critical that you understand what the ruling in
that case actually did say.
O
The Facts of the Case
ing beneath a car in an automobile dealership repair bay
had been confronted by several officers, including a K- 9
team, after business hours. Three separate warnings were
given before the K- 9 was released. The dog located the
suspect, seized the suspect, and dragged him out from under
the vehicle. The dog had seized the suspect by the neck and
the suspect bled to death before medical help could arrive.
The decedent’s family sued for violations of state and
federal law, alleging excessive force and deadly force in the
use of the K- 9. The federal district court granted summary
judgment in favor of the defendant police officers and
police agency. An appeal was taken. The U.S. Court of
Appeals for the 6th Circuit affirmed the ruling of the lower
court, dismissing the claims against the police.
