Christopher Brandt Obtains Complete Dismissal in Case Against North Texas Police Officers

Alleged Civil Rights Violations by K-9 Unit Dismissed

Plaintiff was arrested for allegedly trespassing in a self-storage facility after operating hours. The facility owner called the police to investigate the area after the Plaintiff was noticed on the security video breaking into the facility after the end of the daily operating hours. The police responded and brought a K-9 unit to investigate. The K-9 unit found the Plaintiff inside a storage unit, and in the process of bringing him out to the other officers, the Plaintiff was bitten.

The Plaintiff sued the North Texas city for the actions of the officers based on the alleged negligent operation of the K-9 unit and the alleged negligent training of the K-9 unit. The City argued that the Court had no jurisdiction to hear this case as there was no negligent operation of the K-9 unit, the K-9 unit performed as he was trained, and the officers used the K-9 unit appropriately. Additionally, there was no waiver of immunity for this apprehension and arrest. The City asked the Court to find that there was no waiver of immunity for this incident and to find that the case should be dismissed.

After holding an evidentiary hearing and reviewing the evidence and body-camera footage, the Court determined that there was no negligent operation of the K-9 unit and that there was no claim for negligent training of a K-9 unit. The Court dismissed the case against the North Texas City.