Police dogs serve as valuable tools in law enforcement across South Carolina. These highly trained K-9 officers help track suspects, detect narcotics, and protect their handlers during dangerous situations. However, when these powerful animals inflict injuries on civilians, the aftermath can leave victims grappling with physical trauma, medical bills, and questions about their legal rights.
Most people assume that police officers and their K-9 partners operate above legal scrutiny. This assumption is wrong. South Carolina law provides pathways for victims to seek compensation when a police dog bite causes unjustified harm. The key lies in proving that officers deployed the animal improperly or used excessive force during an arrest or investigation.
At Hellams Law, LLC, our Greenville civil rights attorneys help Greenville residents and others throughout South Carolina determine whether they have valid claims after police dog attacks. These cases require careful analysis of the circumstances surrounding each bite incident.
The Legal Framework for Police Dog Bite Cases
South Carolina does not grant blanket immunity to law enforcement agencies when their K-9 units injure civilians. Courts evaluate these incidents through the lens of Fourth Amendment protections against unreasonable searches and seizures. A police dog bite constitutes a “seizure” under federal law, which means officers must have proper justification before releasing their animals on suspects or bystanders.
The South Carolina Tort Claims Act allows citizens to sue government entities, including police departments, for injuries caused by their employees. However, this law contains specific procedures and limitations that victims must follow. You typically have two years from the date of injury to file notice of your claim with the appropriate government entity, though this timeline can vary depending on the specific circumstances.
When Police Dog Bites Cross the Line
You can sue if a police dog bites you when officers use the animal in ways that violate your constitutional rights. Several scenarios create grounds for legal action against law enforcement agencies.
Officers who release police dogs on suspects who pose no immediate threat may face liability. If you had already surrendered, were unarmed, or were complying with commands when the K-9 attacked, the deployment likely constituted excessive force. Courts have consistently held that biting incidents must be proportional to the threat level presented by the suspect.
Mistaken identity cases also open doors for lawsuits. Police dogs sometimes attack innocent bystanders, neighbors, or individuals who happen to be in the wrong place at the wrong time. When officers fail to properly control their animals or release them in crowded areas where non-suspects might be present, they may bear responsibility for resulting injuries.
What to Do If a Police Dog Bites You
The moments following a police dog bite prove critical for both your health and any future legal claim. Your actions during this period can significantly impact the strength of your case.
- Seek immediate medical attention for your injuries. Police dog bites often cause deep puncture wounds, torn muscles, nerve damage, and serious infections. Some victims downplay their pain or delay treatment due to confusion about the incident, but this decision can harm both your health and your case.
- Document everything you can remember about the incident. Write down the names and badge numbers of officers present, the location of the attack, and what commands you heard before the dog was released. Take photographs of your injuries from multiple angles and continue photographing them as they heal.
- File a formal complaint with the police department’s internal affairs division. This creates an official record of your allegation and may trigger an investigation into the officer’s conduct.
- Request all available documentation related to the incident. This includes police reports, body camera footage, K-9 deployment logs, and the dog’s training records. An attorney can help you navigate this process and ensure you receive all relevant materials.
Types of Damages Available in Police Dog Bite Claims
Victims of unjustified police dog attacks can pursue multiple categories of compensation. These damages aim to make you whole after the physical, emotional, and financial toll of your injuries.
Economic damages cover measurable financial losses stemming from the bite incident:
- Medical expenses, including emergency treatment, surgeries, physical therapy, and ongoing care for permanent injuries
- Lost wages from time missed at work during recovery or medical appointments
- Reduced earning capacity if the injuries prevent you from returning to your previous occupation
- Property damage to clothing, personal belongings, or other items destroyed during the attack
Non-economic damages address the intangible ways the incident affected your life. Emotional distress damages account for psychological trauma, including anxiety, depression, or post-traumatic stress disorder that develops after being attacked by a police dog.
The Challenge of Qualified Immunity
Police officers enjoy qualified immunity, a legal doctrine that shields government officials from lawsuits unless they violate clearly established constitutional rights. This protection creates significant hurdles for victims pursuing police dog bite claims.
Courts apply a two-part test to qualified immunity defenses. First, they ask whether the facts, viewed favorably to you, show that officers violated your constitutional rights. Second, they determine whether those rights were clearly established at the time of the incident.
This doctrine does not make police dog bite lawsuits impossible, but it does require sophisticated legal arguments. Successful claims often rely on prior court decisions from South Carolina or the Fourth Circuit Court of Appeals that addressed similar fact patterns. An experienced attorney can identify relevant precedents and craft arguments that overcome qualified immunity defenses.
Areas We Serve in South Carolina
Hellams Law, LLC, represents police dog bite victims throughout the Upstate region and beyond. Our Greenville office serves clients in zip codes 29601, 29605, 29607, 29609, 29611, 29615, 29617, and surrounding communities. We also handle cases in Spartanburg (29301, 29302, 29303, 29306, 29307), Anderson (29621, 29624, 29625), and Clemson (29631, 29633). Our practice extends to clients in Easley (29640, 29641, 29642), Simpsonville (29680, 29681), Mauldin (29662), and Greer (29650, 29651). We represent victims throughout Greenville County, Spartanburg County, Anderson County, and Pickens County.
Contact Us Today
Can you sue if a police dog bites you? Yes, when officers deployed the animal improperly or violated your constitutional rights during the incident. These cases require prompt action due to strict filing deadlines and the complexity of suing government entities.
Hellams Law, LLC has the experience and resources to handle police misconduct claims involving K-9 units. Contact us today to discuss your police dog bite incident and learn about your legal options moving forward.
