Colin A. Edwards v. Bryan C. Shanley

580 F. App'x 816
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 25, 2014
Docket13-14393
StatusUnpublished
Cited by37 cases

This text of 580 F. App'x 816 (Colin A. Edwards v. Bryan C. Shanley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colin A. Edwards v. Bryan C. Shanley, 580 F. App'x 816 (11th Cir. 2014).

Opinion

PER CURIAM:

Plaintiff Colin A. Edwards fled on foot from a police officer who had initiated a traffic stop of Edwards’s vehicle. In the course of law enforcement’s pursuit of Edwards, a police K-9 bit his leg. Edwards brought this 42 U.S.C. § 1983 lawsuit against Officers Bryan C. Shanley and Justin E. Lovett of the Orlando Police Department, alleging they used excessive force in apprehending Edwards. The district court conducted a two-day jury trial. After plaintiff Edwards presented his evidence, defendant Lovett moved for judgment as a matter of law, which the district court granted. The trial proceeded as to defendant Shanley, and the jury returned a verdict in favor of Shanley. After careful review and with the benefit of oral argument, we affirm the district court’s entry of judgments in favor of both defendants.

I. FACTUAL BACKGROUND

A. Attempted Traffic Stop

Around 9:00 PM on December 17, 2008 in Orlando, Florida, Edwards was driving his wife’s car, despite having a suspended license. A police car drove behind him and engaged its lights and siren. Lovett was driving the police car and believed *818 that Edwards had failed to stop at a stop sign. 1

Edwards realized that Lovett wanted him to stop, and thus, Edwards drove “a little bit down” the road and turned into a library parking lot. Once stopped, Edwards fled on foot. Lovett got out of his car and pursued Edwards on foot, yelling for him to stop. Edwards instead jumped over a six-foot fence, ran into a wooded area, and lay down on the ground.

Because Lovett had lost sight of Edwards, he called for back-up, and Shanley arrived on the scene with his partner, K-9 Rosco. Rosco was a Belgian-malamute and German-Shepherd mix, who responded only to German commands.

It is undisputed that Rosco tracked Edwards to his hiding place in the woods and, on Shanle/s command, bit Edwards. The parties’ evidence at trial conflicted as to the factual circumstances surrounding the dog bite.

B. Edwards’s Account of the Dog Bite

According to Edwards, soon after he hid, he saw two officers with flashlights approaching where he lay, but did not know that a dog was accompanying them. When the officers’ flashlights illuminated Edwards, he screamed that they “got [him]” and he “only ran because of [his] license.” Rosco started to bite Edwards’s left leg the moment he finished speaking.

Shanley and Lovett stood near Edwards, watching Rosco bite Edwards’s leg. Edwards screamed to Shanley to “take the dog off,” and Shanley told Edwards to “stop resisting; stop resisting.” According to Edwards, though, he was not resisting and even shouted to Shanley “I’m not resisting, ... please take the dog off my leg.” During the duration of the attack, Edwards did not attempt to kick Rosco. Rosco pulled Edwards’s leg like it was “a rope.”

According to Edwards, the attack lasted for five to seven minutes. After Edwards “played like [he] was passing out,” Shanley handcuffed Edwards and told Rosco to release Edwards’s leg.

Due to his injuries, Edwards was hospitalized for six days and had two surgeries on his leg, including a skin graft. Edwards was convicted of fleeing and eluding law enforcement and sentenced to two years’ probation.

C. Shanley’s Account of the Dog Bite

The jury heard a different version of events from defendants Shanley and Lo-vett. After arriving on the scene, Shanley and Lovett entered the woods with Rosco on a twelve-foot leash. Shanley twice shouted out that he was with a police dog who would bite Edwards if he did not come out with his hands in the air. Shan-ley spotted Edwards on the ground, with his hands tucked under his torso, and said “police K9, show me your hands.” Edwards did not comply and so, when Rosco was eight feet from Edwards, Shanley dropped the twelve-foot leash and gave Rosco the command to bite Edwards. At this time, Lovett was approximately ten feet behind Shanley. 2

When Rosco bit Edwards, Shanley approached Edwards, verbally commanded Edwards to place his hands behind his back, and handcuffed Edwards. Shanley took the leash off of Rosco’s harness, transferred the leash to the dog’s collar, and gave the release command, ending the *819 bite. According to Shanley, it took him between “15 and 20 seconds” to handcuff Edwards and have Rosco release the bite.

Shanley made the decision to have Ros-co continue biting Edwards until he was handcuffed because he posed a possible threat, as he had fled from his vehicle, ran from an officer, jumped a fence, and hid in a wooded area. Further, during the bite, Edwards was struggling with Rosco and therefore actively avoiding arrest. Shan-ley believed that he was at an “extreme tactical disadvantage” and that there was a threat of ambush to him, his dog, and the other officer.

Lovett believed that Edwards punched Rosco during the attack. Shanley did not recall these details. Lovett estimated that the whole incident lasted “10 seconds, 15 seconds.”

II. PROCEDURAL HISTORY

A. Edwards’s Complaint and Summary Judgment Proceedings

In April 2010, Edwards filed this § 1983 lawsuit claiming, inter alia, that defendant Shanley used excessive force to secure Edwards’s arrest and that defendant Lovett failed to intervene in Shanley’s use of excessive force, all in violation of Edwards’s Fourth Amendment rights.

In December 2010, Shanley and Lovett moved for summary judgment on qualified immunity grounds, and the district court granted their motions.

On appeal, this Court reversed, determining that neither officer was entitled to qualified immunity. Edwards v. Shanley, 666 F.3d 1289, 1298 (11th Cir.2012). Taking Edwards’s account of the incident as true, Shanley had subjected Edwards “to five to seven minutes of dog attack, while Edwards was pleading to surrender and Shanley was in a position to immediately effect Edwards’s arrest.” 3 Id. at 1296. And, Lovett made no effort to intervene and stop the ongoing dog attack. Id. at 1298. This Court concluded that, accepting Edwards’s account as true, the officers’ actions violated clearly established federal law. Id. at 1298.

This Court pointed out, however, that Shanley did not violate clearly established federal law by using the dog to track Edwards and instructing the dog to bite Edwards for the purpose of subduing him, as Edwards had fled into the woods at night and the officers did not yet know the extent of the danger Edwards posed. Id. at 1295. 4 Nevertheless, accepting as true Edwards’s version of events, the Court concluded that Shanley did unreasonably delay securing Edwards. Id.

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580 F. App'x 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colin-a-edwards-v-bryan-c-shanley-ca11-2014.