Bitten burglar sues dog, and loses
Prized police dog accused of ‘vicious mauling’ while officers ‘failed to intervene’
ATLANTA— Dog bites man. Man sues dog. Dog wins.
The dog was Draco, a prized member of the Gwinnett County Police Department’s K-9 unit. But on July 6, 2013, Draco bit the arm of burglary suspect Randall Kevin Jones, who later claimed the dog clamped down for what “seemed like a lifetime.”
Jones was taken to a nearby suburban Atlanta hospital and given stitches for the dog bite before being jailed and charged with burglary and obstruction. Two years later, he filed a highly unusual lawsuit, in that he not only sued the officers involved but also “Officer K-9 Draco of the Gwinnett County Police Department in his individual capacity.”
The lawsuit, alleging excessive use of force, said Draco “viciously mauled” Jones, “tearing his flesh and permanently injuring and disfiguring him, while . . . officers stood by and failed to intervene.”
When a federal judge rejected Gwinnett’s initial attempt to dismiss the lawsuit, the county appealed. On Friday, the 11th U.S. Circuit Court of Appeals in Atlanta threw out the case against Draco.
“We hold that a dog may not be sued individually for negligence since a dog is not a ‘person,’ ” Judge Robin Rosenbaum wrote for a unanimous three-judge panel. Georgia law, she noted, does not allow such claims to be litigated against dogs.
The mere notion of allowing a lawsuit against a dog raises abundant practical issues, Rosenbaum added.
How would you formally serve the lawsuit on a dog? What about the dog ’s retention of legal representation? How can a dog be expected to pay damages?
Draco, a Belgian Malinois, retired from the K-9 unit in mid-2014 after seven years on the force, helping officers track down suspects and find stashes of illegal drugs.
In her opinion, Rosenbaum wrote that the dog’s name has long been associated with notorious characters. This includes Draco, the legislator of ancient Greece whose harsh legal code inspired the word “draconian.” Then there’s Draco Malfoy, Harry Potter’s malevolent rival in the popular literary series, the judge noted. Because of what happened to Jones during his arrest, Rosenbaum wrote, “And to the list of infamous Dracos, add defendant-appellant Draco.”
He’s not so infamous, say Draco’s fellow officers.
“He’s an amazing animal,” Gwinnett police spokesperson Michelle Pihera said. “His K-9 handler thought the world of him.”
The 11th Circuit decision also dismissed Jones’ claims against three police officers at the scene. The court did not address one remaining claim — that the county failed to properly train its police force, which played a role in Jones’ injuries.