Police sued for ‘dog bite’

alexandria.utting@news.com.au

In a statement of claim lodged in the Southport District Court last month, Mr Cheek is seeking $198,861.60 in damages from the QPS.

The Robina man alleges dog squad officer Joseph Alofipo breached his duty of care by allowing the German Shepherd to attack him while he was being escorted about 11pm.

Mr Alofipo is not being personally sued.

The claim states the “proper system” where the police dog 2018 COMMONWEALTH GAMES HOST CITY does not walk in front of the officer and remains in the “heel” position was not followed and the officer failed to ensure the dog did not “bite, attack or otherwise make contact with a suspect unless commanded to do so”.

The claim states Mr Cheek was with two friends at Reedy Creek before he left the group and walked toward Marchmont Ave. He walked into bushland when he saw police vehicles arrive nearby.

Mr Cheek was previously known as Ryan Michael Benton, according to the statement of claim. Mr Benton was previously sentenced in the Southport Magistrates Court for a number of drug-related offences between 2014-2017.

The civil claim states he heard a police officer call his name and a police dog “barking loudly” before he came out of the bushes. He was not under arrest.

Mr Cheek alleges he saw the officer stumble forward and the dog bit him in his right lower leg. The claim states the officer did not intend for the dog to “pursue, attack, subdue or apply force to the plaintiff” and there was not a “lawful basis for the dog to be deployed”.

“The plaintiff continues to suffer from chronic pain ... cramping and stiffness in his lower leg,” the claim states.

Of the $198,861.60 sought in damages, Mr Cheek is seeking $59,280 in economic loss. He also claims he has been unable to gain employment since.

The claim states Mr Cheek needs ongoing medication.

Lawyer for Mr Cheek, Kim Allen, of Shine Lawyers, said a police dog could be as dangerous as a “loaded weapon”.

“Ryan was not under arrest, he was not resisting any intervention from the police and posed no threat at the time he was savagely attacked,” she said.

The QPS declined to comment on the claim and have not yet lodged a defence.