Officer who unleashed dog on vehicle driver is granted immunity
The Court of Appeals overturned a decision by the lower court and dismissed a claim against a police officer who used a police dog to subdue a troubled motorist who refused to leave his vehicle. The trial court had held that the use of the dog under the circumstances prevailing was a violation of the Department's standards, creating a fact question regarding "excessive force." The Court of Appeals considered the issue one involving the officer's legitimate discretion, and overturned the lower court.