ROBINETTE v. BARNES

No. 86-6135.

854 F.2d 909 (1988)

Dorothy ROBINETTE, Administratrix of the Estate of Daniel Briggs, deceased, Plaintiff-Appellant, v. Ronnie BARNES, individually and as employee of Metropolitan Government of Nashville and Davidson County, Tennessee; Joe Casey, Chief, in his official capacity as Chief of Metropolitan Police Department for Metropolitan Government; and Metropolitan Government of Nashville and Davidson County, Tennessee, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1988.


Attorney(s) appearing for the Case

Thomas W. Goodman, Jr. (argued), Pikeville, Ky., for plaintiff-appellant.

Mary S. Foust (Lead counsel), Nashville, Tenn., James L. Charles (argued), Mark C. Scruggs, for defendants-appellees.

Before GUY and BOGGS, Circuit Judges, and SUHRHEINRICH, District Judge.


BOGGS, Circuit Judge.

A man suspected of being in the course of a commercial burglary, hiding inside a darkened building, was apprehended by a police dog who bit him on the neck. The suspect died shortly thereafter. For the reasons which follow, we agree with the district court that the use of a properly trained police dog to seize a felony suspect does not constitute deadly force. We also hold that even if the use of a police dog could constitute deadly force, the...

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