Campbell v. City of Springboro

Campbell and Gemperline were attacked on different dates by a canine unit police dog (Spike). They filed suit under 42 U.S.C 1983 against the canine’s handler, the chief of police, and the city, alleging excessive force, failure to supervise, failure to properly train, and state law claims for assault and battery. The district court denied defendants’ motion for summary judgment. The Sixth Circuit affirmed. Prior to both bite incidents, the handler notified supervisors that he had been unable to keep up with maintenance training and repeatedly requested that they allow him time to attend training sessions, but his requests were denied. Spike’s state certifications lapsed for several months. There was evidence that Spike was involved in biting incidents with growing frequency in the first three years of his deployment in the field. A jury could also reasonably conclude that the handler acted in bad faith or in a wanton or reckless manner, based on the plaintiffs’ allegations about his conduct and statements at the time of the attacks. View "Campbell v. City of Springboro" on Justia Law