Greco v. Cnty. of Livingston

Greco drank wine, drove her car into a ditch, and walked to a nearby gas station where she met EMTs refueling their ambulance. They smelled alcohol on her breath and called the police. Greco ran behind the station. Deputy Clayton arrived with his canine, Diago, other officers, and civilian “ride along,” Stuart. Clayton instructed Diago to track Greco. Clayton claims he was concerned about Greco’s well-being because, despite cold and wet weather, Greco was wearing sandals and a short-sleeved shirt. Clayton thought she might be injured. He announced their presence and entered a “swamp area,” slipped and fell, looked up and heard screaming as Diago bit Greco’s leg. Clayton waited for Greco to stop moving so he could ensure she was weaponless. After “10 to 20 seconds,” Clayton released Diago and summoned the EMTs. Greco claims she ran to “bushes” scared, alone, and needing to pee and was squatting when men approached with a dog, shouting “put your hands on your head.” Clayton “sicked the dog.” She dropped to protect herself, but the dog held on. Stuart agrees that the “woods” were slippery and that Greco was belligerent and on her back kicking the dog. Greco had a thigh injury and filed suit. The district court denied the defendants summary judgment on qualified immunity grounds, holding that a jury could reasonably believe that Clayton intentionally detained Greco with an unconstitutional level of force. The Sixth Circuit affirmed, noting the conflicting claims. View "Greco v. Cnty. of Livingston" on Justia Law