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Randall Kevin Jonesv.Officer S. Fransen, Et Al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.16-10715
DecidedMay 19, 2017
Reporter836 F.3d 1340
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilCivil RightsTort LawNegligenceFourth AmendmentQualified ImmunityMotion to DismissRipley's Believe It Or NotLegal Reality Benders
Case Summary

Randall Kevin Jones sued Gwinnett County officers, the county, the police chief, and Draco, a police dog, after Draco seriously injured him during an apprehension. The district court denied the defendants’ motion to dismiss, and the defendants appealed. The Eleventh Circuit held that the officers were protected by qualified immunity because binding precedent did not clearly establish that allowing Draco to bite Jones violated the Fourth Amendment. It also held that Georgia law does not recognize a negligence action against a dog because a dog is not a legal person, and that sovereign or official immunity barred the remaining negligence claims at that stage. The court reversed and remanded with instructions to dismiss the claims against the officers, Draco, the county, and the chief. It declined to address one additional claim because the interlocutory appeal did not properly present that issue.

Opinion

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