UNITED STATES COURT OF APPEALS
SECOND CIRCUIT

DECISIONS AFFECTING:

CASE: CALDWELL v DAVIS
31 Fed. Appx. 34 (2002) Second Circuit

The Second Circuit affirmed this canine case. The court’s decision was without a published opinion. Technically, this means the court’s rulings, findings and comments cannot be used or referred to in other cases.

Even with this decision without published opinion, the case may be referred to when certain matters of law are pointed out by the Second Circuit.

The unpublished decision found use of the canine was not excessive force.

INITIAL SUSPECT VIOLATIONS:

1) Suspect Caldwell fires upon police from an apartment.
2) Officers return fire into the apartment’s window.
3) Tactical officers approach the apartment and order all occupants out.
4) Everyone, except Caldwell comes out.
5) A canine warning announcement is given and Caldwell still remains inside.
6) A police dog is deployed into the apartment.
7) The dog locates Caldwell and bites him.
8) Caldwell is taken into custody.

COURT’S RULINGS, FINDINGS AND COMMENTS:

1) Caldwell claimed he was not injured by the police dog and officers, until he gave up. Caldwell claimed that his injuries occurred after he gave up and was compliant.

2) The court concluded, after conflicting testimony, that Caldwell’s injuries were caused prior to being handcuffed. The court ruled the force used to take Caldwell into custody was not excessive.

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