Peter Dunne Successfully Defends Against Civil Rights Violation Claim
PS Partner: Peter J. Dunne
We represented: Travelers Insurance Company
Venue: United States District Court for the Eastern District of Missouri
Type of action: 42 U.S.C. § 1983 – Failure to Intervene to Prevent Excessive Force.
Plaintiff claimed that his civil rights were violated when Defendant Franklin Adams used excessive force by instructing a police dog to apprehend him while he was offering no resistance to arrest and when Defendant Zach Albright failed to intervene to prevent the use of force.
The apprehension occurred during an arrest on April 19, 2014. Plaintiff claimed he sustained injuries as a result of his apprehension by the police canine. Defendants Zach Albright and Franklin Adams deny that excessive force was used, deny that Zach Albright failed to intervene to prevent the use of force, deny that they violated Plaintiff’s constitutional rights, claim that the instruction to the police canine to apprehend Plaintiff was justified based upon Plaintiff fleeing from officers, striking the police canine, resisting arrest, and the other circumstances and deny any and all liability.
Verdict: Jury Verdict assessing no liability to Defendant in 42 U.S.C. 1983 case