Becker v. Elfreich

Dist. Ct. did not err in denying defendant-police officer’s motion for summary judgment in section 1983 action alleging that defendant used excessive force when arresting plaintiff pursuant to arrest warrant where, after plaintiff had surrendered, defendant pulled plaintiff down three steps and placed knee in plaintiff’s back while allowing police dog to continue to bite plaintiff. Defendant was not entitled to qualified immunity, where, although record was unclear as to whether police dog presented substantial risk of serious bodily injury, jury could still find that such force was excessive, where plaintiff was either non-resisting or only passively resisting defendant at time of arrest.