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Case of the Month

West's® Jury Verdicts - Arizona Reports

Plaintiff claimed he suffered dog bite injuries to his leg and diabetic ketoacidosis when a defendant deputy sheriff used excessive force in releasing his K-9 dog following a pursuit by police vehicles

McDonald v. Nanos

Type of Case:
Animals - Dog Bite
Civil Rights - Excessive Force Specific Liability:
K-9 Dog Bite

General Injury:
Animal-Related: Leg: Bite(s) to One Area of Body

Jurisdiction:
State: Arizona
Court: Superior Court of Arizona, Pima County

Related Court Documents:
Plaintiff's first amended complaint: 2014 WL 11353033
Joint pretrial statement 2016 WL 2902024
Verdict form: 2016 WL 2902103
Judgment: 2016 WL 2897918

Case Name:
Brian McDonald v. Christopher Nanos, Sheriff of Pima County; Joseph Klein

Docket/File Number:
C-2014-02895

Result:
Plaintiff, $650,000

Result Date:
March 03, 2016

Judge:
Catherine Woods

Attorneys:
Plaintiff: Amy P. Hernandez, Dwyer Hernandez, P.C., Tucson, AZ
Plaintiff: David J. Dwyer, Dwyer Hernandez, P.C., Tucson, AZ
Defendant: Barbara Lawall, Pima County Attorney, Tucson, AZ
Defendant: Nancy J. Davis, Pima County Deputy Attorney, Tucson, AZ

Result Type:
Jury Trial

Experts:
Plaintiffs: Not reported.
Defendants: Not reported.

Breakdown of Result:
Plaintiff, $650,000
Judge Reduced Award To: $617,500

Summary of Facts:
Brian McDonald, an adult male, claimed he suffered dog bite injuries to his leg and diabetic ketoacidosos when defendant Deputy Sheriff Joseph Klein used excessive force in releasing his K-9 dog following a pursuit bu police vehicles. The plaintiff contended the defendant Klein was negligent and used excessive force in releasing the dog. The plaintiff also contended Klein was acting within the scope of his employment with the Pima County Sheriff's Department at the time of the incident and it failed to provide appropriate and adequate policies and procedures to prevent the use of excessive force. The defendants denied liability and contended the diabetic ketoacidosos was causally unrelated to the dog bite.
Court: Superior Court of Arizona, Pima County.

Westlaw Citation:
2016 WL 2941150


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