The Brief
-
- The City of St. Cloud is facing a lawsuit after an officer sent his K-9 to attack a 71-year-old man while he was already on the ground.
- Officers were there to arrest the man for felony battery, saying he’d gotten into a fight earlier in the day.
An Osceola County man is suing the City of St. Cloud and its police department, alleging excessive force after officers ordered him outside his home, shoved him to the ground and unleashed a K-9 that bit him as he complied with commands.
The encounter unfolded when the person was called outside by police in connection with an alleged fight.
The backstory:
MM, 71, received a call from the City of St. Cloud and St. Cloud Police Officer William Wagner, asking him to come outside his house to talk with police. He was accused of getting into a fight at a restaurant earlier in the day and hitting someone in the head with a gun.
M walked out unarmed and saw officers with rifles had already surrounded his house. They told him to put his hands in the air and get on the ground, which he did.
The lawsuit focuses on the moments that follow.
The body cam
Once M gets on his knees, officers shout, “Get on the ground, or you’re going to get bit!”
“I am on the ground!” M shouts back.
An officer goes over and shoves him onto his stomach.
Less than 1.5 seconds later, K-9 Koda was biting his arm and shoulder.
“Stop resisting!” officers shouted.
Another video angle taken by a bystander shows that as M goes to the ground, another officer walks up with the rifle pointed into his chest while Koda shakes his arm.
“Get your hand off my gun!” an officer shouts as M flails around with the dog’s teeth piercing him.
When K-9 Koda releases M, three officers start placing M in handcuffs. The officers accuse him of fighting and threaten to sic Koda on him again.
Another officer slings his rifle to the side, and pulls out a Taser instead.
It’s only then that officers tell M why they’re there.
The lawsuit
The lawsuit asks for payment for the surgery M needed after that, plus damages. The claim alleges the bite, “was carried out…with deliberate indifference to the Plaintiff’s health, safety and welfare.”
What they’re saying:
Body camera video shows Officer Wagner explaining what happened to a lieutenant.
“The foreman goes to push him on the ground. He starts fighting with them on the ground, so then that’s when I put the dog on him. He was actively resisting on the ground with the officers,” Officer Wagner says.
“Why did… Okay. So he was fighting with officers on the ground. Coupled with felony suspect?” the lieutenant asks, processing the information.
“Yup, answers Officer Wagner.”
M’s charging affidavit describes the incident simply: “M came out of the residence and sustained a dog bite.”
The City of St. Cloud declined to comment on the case, or on whether the officers were disciplined in any way following this incident.
The State Attorney’s Office wound up dropping the charges, saying they didn’t have enough evidence to prosecute the case.
Why You Need a Dog Bite Lawyer to Protect Your Rights
Dog bites can cause serious physical injuries and emotional trauma. If you’ve been bitten by a dog, it’s important to understand your legal rights. At Ovadia Law Group, our experienced dog bite lawyers are here to help you pursue compensation for medical expenses, lost wages, and pain and suffering. Florida law holds dog owners accountable for injuries caused by their pets, and our legal team knows how to build strong cases that prove liability. We work quickly to gather evidence, speak with witnesses, and negotiate with insurance companies on your behalf. You shouldn’t have to bear the financial burden of someone else’s negligence. Whether the bite occurred in a public space or private property, we’re ready to fight for your rights. Call Ovadia Law Group at 1-800-674-9396 for a free consultation and let us help you recover from your dog bite injury.
Source: Fox5orlando
