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MATTHEWS v. JONES

No. 93-5249.

35 F.3d 1046 (1994)

Scott L. MATTHEWS, Plaintiff-Appellant, v. Leon E. JONES, Sr., Jefferson County Police Department, and Unknown Police Officer, Jefferson County Police Department, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 20, 1994.

Attorney(s) appearing for the Case

William M. Radigan, Walker & Radigan, Louisville, KY (argued and briefed), for plaintiff-appellant.

N. Scott Lilly, Jefferson County Atty's Office, Dave Whalin, Landrum & Shouse (argued and briefed), William Dennis Sims, Office of Legal Affairs, Jefferson County Police Dept., Raymond J. Naber, Jr., Naber, Joyner, Schardein & Stinson, Louisville, KY, for defendant-appellee.

Before: NELSON, SUHRHEINRICH, and BATCHELDER, Circuit Judges.

BATCHELDER, Circuit Judge.

Plaintiff Scott L. Matthews brought this action on May 24, 1991, pursuant to 42 U.S.C. § 1983, alleging that in the course of his arrest he was severely bitten by a police dog and that the use of the police dog constituted an unconstitutional use of deadly force in violation of the Fourth and Fourteenth Amendments. On August 19, 1991, plaintiff filed a motion for leave to file an amended complaint in order to add Officer Robert Michael...

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