Lawsuit Against Police Dog for Unnecessary Biting

According to former El Paso police Sgt. Roger Bean, the majority of attacks by police dogs between 1980 and 1983 constituted excessive force. Bean spent two days on the stand in U.S. District Court in a lawsuit filed by attorney James Scherr on behalf of Luis Manual Balandran against the city and the Police Department. Bean was in charge of the El Paso Police Department’s K9 unit when Balandran was bitten.

Balandran was bitten by a police dog on September 6, 1983, during an encounter with police outside the El Paso County Coliseum. He claimed that he suffered severe leg injuries and is asking for $3.5 million in damages.

Much of the evidence centered on 83 dog bites recorded between January 18, 1980, and the night Balandran was bitten. “Can you give a percentage of dog-bite incidents where, in your opinion, use of a dog constituted excessive force?” asked Jim Scherr, Balandran’s attorney. “In all honesty, I would have to say that…over two-thirds of those bites were not necessary under the circumstances presented to me,” Bean said.