See Behavioral Inst. Specifically, Mr. Miller asked for discovery documents concerning the training of the police dog that alerted to his car. My feedback on the Lafayette Police Department K-9 neck attack. Sh*t happens, but a responsible cop would have got the dog off when it latched on to the guys neck, even if it meant killing it. Its a primal instinct that kicks in. Phone: Dustin Elleman cell #: 435-994-0395. I doubt if this always occurs. Grab the back legs of the unleashed dog and wheelbarrow it in a circle so it scrambled for balance and dropped the man (wont always work on pitbulls, works on other large breeds)or use a leash/handle and haul the dog straight up, all four feet off the ground. Just search Police Dogs and Protests and watch how wound up the dogs are. (I have nothing against properly used prongs for training). On June 30, and while he was under investigation, Officer Joshua Saxton was promoted to Sergeant and K-9 Boyka was retired under the auspices that a "supervisor" cannot also be a K-9 handler. I suspect that they stopped using OUT because the dogs are so inadequately trained that theyre afraid if the target shouts OUTthe dog will release instead of only responding to the handler. The company was also contracted to provide Field Service Representatives (FSRs) who co-located with military units in Afghanistan. Lafayette PD Video: We Are All in Trouble When Trained Police K-9s Attack the Head, Neck Regions of Unarmed Suspects. See Heaton & Eadle Prof'l Servs. "Non NATO/UN countries sell these dogs the cheapest," she said. Doe v. Shults-Lewis Child & Family Servs., Inc., 718 N.E.2d 738, 744 (Ind. Watch where the dog is biting him. 233 at 7). (pronounced Von Lick) is a full service K-9 training facility where the best of the best go for highly trained Police Service Dogs. There is no basis to equitably toll the statute of limitations due to the later-discovered training manual. Vohne Liche Kennels (pronounced Von Lick) is a full service K-9 training facility where the best of the best go for highly trained Police Service Dogs. Should the handler have been promoted? https://poespantry.files.wordpress.com/2015/02/sgr-1925-ch-us-klodo-vom-boxberg.jpg. The attack begins at 8:28. When the dog didnt OUT on the first command, why did they not HANG THE DOG until it let go? 1993)). "With cross-motions, [the Court's] review of the record requires that [the Court] construe all inferences in favor of the party against whom the motion under consideration is made." https://www.youtube.com/watch?v=kzYOpaaxtAA, Thats what happens when youre armed with a soft drink. 230) is DENIED. "No one can maintain an action in a federal court, including an appeal, unless he has standing to sue, in the sense required by Article III of the Constitution-that is, unless he can show injury (in a special sense, noted below) and that he would benefit from a decision in his favor." No state or federal agency is in charge of tracking police K-9 bite data either. All of the training staff is either former military, law enforcement or both. 1983 seeking damages and injunctive relief. Please visit our online store. After watching numerous videos on YouTube now where the officers cannot get the dogs off I am left with one question. at 837. Next: I have resided continuously for 26 years ten miles from Prescott Valley, in Prescott, so I am painfully fully aware of full, complete local societal and local legal sentiment strongly in favor of dangerous dogs, and I am painfully fully aware of local societal and local legal sentiment strongly against victims of fully fearsome attacking dogs. They added that a "murder" while in police custody -- referring to George Floyd -- "very nearly did" happen here. Through our work, we hope to protect both people and pets from future attacks. The videos on this post are heartwrenching. 2001). Vohne Liche is doing a huge business with some pretty huge disasters without any reflection on their overall reputation. I trained all my dogs to heel. You brought up heeling. . Watch how often when police are walking their K9s the dogs are *not* heeling. Police units all but moved away from GSDs citing back and hip issues from jumping in and out of resulting in these dogs not lasting as long in service. I remember years ago, my docile Golden nicking her ear, and how she started licking her own blood. Mr. Miller contends that once he learned of Vohne Liche existence "efforts to stonewall discovery of information concerning VLK's training regime began in earnest, triggering the fraudulent concealment doctrine" (Dkt. Go back to Barbra Woodhouse (who, hilariously enough trained Great Danes for police work, none of which every hospitalised a target) and Kohler who *knew* the dangers of the dogs he trained and knew most dogs were *not* naturally inclined to be good at this job as theyd buckle or overreact under the pressure. In 2018, Joseph Pettaway was killed by a police K-9 after the bites ruptured his femoral artery. The dogs are supposed to stay with their handlers for, I think, six weeks. . The court did distinguish cases in which defendants are added and relate back to the filing date, from those in which "the plaintiff names a fictitious party, or no party, as a defendant." Download PDF. What are the odds? Violations of the noise ordinance range from a Class 3 misdemeanor, which carries a maximum fine of $500, to a Class 1 misdemeanor, which carries a maximum penalty of twelve months in jail and a $2,500 fine. The recent felony charge against Salt Lake K-9 Officer Nickolas Pearce marks the first time we have seen this after an active duty police K-9 mauling. In particular, he asserts that Defendants' failed to produce a manual in response to the non-party discovery requests. This notion applies equally where, as here, opposing parties each move for summary judgment in their favor pursuant to Rule 56. Im not sure if the bulking up of GSDs is responsible for the hip problems. When police officers shoot their own dogs, the dogs are usually out of control Malinois. IMO this handler is either panicking, doesnt understand that he is exciting the dog, or is making a show of releasing the dog while agitating it. The standards have been lowered to keep the money rocketing in from the clueless. Proves absolutely nothing as 90% of dog training should be devoted to proofing the dog against distractions so it is safe in a social environment. He also alleged a 42 U.S.C. We invite you to create an account with us if you like, or shop as a guest. Spencer Erickson, 26, was attacked in the neck by Lakewood Police Department K-9 Finn. I look forward to your posts, as well. The two proceeded into a potentially highly confrontational scenario, where no bite event occurs. First, Mr. Miller contends that Vohne Liche dogs are not trained to ignore the residual odor of drugs but only the presence of actual drugs and therefore a sniff by a Vohne Liche trained drug detection dog is a search under the Fourth Amendment; and second Mr. Miller contends that regardless of whether or not sniffs constitute a search, an alert by a Vohne Liche trained dog cannot establish probable cause to search a vehicle because Vohne Liche dogs have not been trained to ignore residual odors. I remember seeing info on a couple of dog attacks in Canada when the K9s were released to seek a suspicious person but found an innocent bystander and mauled them. The whole K-9 unit was suspended afterward. Email notifications are only sent once a day, and only if there are new matching items. Owners dont understand the whole alpha thing. The show followed Licklider and his trainers as they honed their canines drug-sniffing, bomb-seeking skills for police departments and military personnel all over the world. We also dedicated substantial time to that case, documenting the preliminary hearing and final trial, where former officer Alex Geiger was acquitted. Boni, You always give such great examples when you make a point. Jun. Thanks for covering one of my favourite rant topics Colleen! At that point, he may have pulled straight up, strangling it to force the release because from what I can see, the dog is much higher in the air than it is while he is agitating it. Low near 30F. In the alternative, Mr. Miller claims that doctrines of fraudulent concealment or equitable tolling tolled the statute of limitations until such time Mr. Miller became aware of Vohne Liche and AWD. Also, I see that you are very knowledgeable in this area, your posts are very informative. These assholes will buy point and shoot dogs from people that dont speak a word of English. Occasionally, someone with good media contacts might get a story in about how their dog died in the jaws of a dog but when I was dog trainingI heard about it a lot more back then. LMPD officers Maverick, Ripley, and Luna participated in the 2021 K9 Olympics, taking place at Vohne Liche Kennels in Denver, Indiana. The dogs are trained for life or death scenarios, including tracking suspects, drug discovery and bomb detection. The video put its finger on a problem I couldnt quite describe. Holy sh*t. Theyre allowed to use potentially lethal force on belligerent drunks now? This matter is before the Court on the parties' cross-motions for summary judgment. Further, Mr. Miller became aware of the alleged inadequate training by Defendants while still in the throes of litigation in the Northern District. VLK's training staff has certified city, county, state and Federal Law Enforcement / Government Agencies around the world to handle dogs. Vohne Liche Kennels (pronounced Von Lick) is a full service K-9 training facility where the best of. That is not supposed to be the intent of police K-9s; the intent is to immobilize "dangerous" offenders. "Past exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief . Paul Whitesell, chairman of the Indiana Law Enforcement Training Board, which controls state training standards, and American Working Dogs United Inc., also are defendants in the suit. Additionally, the claim against Paul Whitesell, the ex-officio chairman of the Indiana Law Enforcement Training Board was terminated on August 29, 2012 (Dkt. In Norfolk, the court stated, "The discovery rule starts the statute of limitations running only when the plaintiff learns that he's been injured, and by whom." An official website of the United States government. They are NOT pets or public relations fodder. 5400 Federal Plaza, Suite 1500 The taxpayers shouldnt be having to pay out pantloads of wrongful death/maiming suits because the police department/unions are afraid of cleaning house. In his 1983 claim, Mr. Miller alleges Vohne Liche and AWD failed to properly train police dogs and their actions resulted in a violation of his civil rights and he is asking the Court to enjoin AWD from certifying drug detection dogs in Indiana. High 47F. Thanks. The head and neck attacks are increasing as well, subjecting these suspects to potential death. As such, the Court need not reach the merits of Mr. Miller's motion. A well-trained dog doesnt *bite* until told or the handler is incapacitated. In the context of considering whether the two-year statute of limitations for those actions had expired, the court explained that the defendant could amend his complaint, i.e., the Rule 41(g) motion, to add a Bivens or 1983 claim, and the addition would relate back to the original filing that was within the applicable statute of limitations. If massive civil lawsuits don't force some of these K-9 departments to change, maybe criminal charges will. As for Mr. Miller's damages claim, Defendants contend that this claim is barred by the applicable statute of limitations. Ind. DENVER Vohne Liche Kennels, a dog-training facility in northern Miami County, has agreed to pay $1.35 million to the federal government to settle a lawsuit claiming the company filed false claims on a contract with the U.S. Department of Defense. Thought you two folks might like it. They cant scale a fence or run overtop of a car etc. Or the out and out killings. Mr. Miller's Partial Motion for Summary Judgment (Dkt. Until dogs are put back in their proper place theyre unpredictable animals and NOT humans well continue to experience attacks, maulings, and fatalities. Thats what agitation (fancy name for heavy leather wide flat buckle collars) are for. The dog remained on active duty afterward. And, of course, theres the Birmingham police departments use of dogs against peaceful civil rights protestors back in the 1960s. Make your practice more effective and efficient with Casetexts legal research suite. 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All of the defendants have drug-detection dogs trained by Vohne Liche Kennels Inc. of Denver, Ind., which also was sued. . We invite you to browse through our store and shop with confidence. Your dog actually learned to pay attention to you and follow commands so your walking experience was calm and pleasant? This NPR video provides instructive background. Virginia's highest court has overturned a homeowners association's lawsuit victory. This is a story for 60 Minutes. Quiet: That still goes on at protests across North America. (quoting Fager v. Hundt, 610 N.E.2d 246, 251 (Ind. She also believes that a belligerent drunk on a moped "does not authorize a straight up door pop," when the dog flies out of the vehicle without a handler. Over the next several weeks the Loudoun County Sheriff's Office will conduct an education phase prior to any citations issued for . Id. Because truly, Positive trainers have replaced corrections and love with food and shouting and cheap pet shop gimmickswhich is why dogs are all nervous, confused wrecks. It was very effective. 24, 2013). The confrontation starts at 6:28. officer Saxton enters at 7:58. I remember using a more gentle choke collar (not spike ones) at training sessions. Winds W at 5 to 10 mph. It was so obviously low-quality dog handling. Who the EVER LOVING FARK has a protection dog on a *prong collar* when its working? The leash seems to be caught underneath the poor fellow the dog is mauling. The training staff at VLK consists of seven (7) on site trainers and two (2) off site trainers. In 2013, company owner Ken Licklider and his trainers were featured on a 16-episode reality TV series on Nat Geo Wild called Alpha Dogs. The cast of local trainers made an appearance on The Late Show with David Letterman that same year. 177, 180 (S.D. TLDR; Protection dogs are often trained like crap and handled by unstable officers. Perhaps an Excel sheet tracking those would produce another set of stats? In St. Paul, Minnesota, three high-profile police K-9 attacks were captured on video (2016, 2017 and 2018), including two innocent bystanders and two K-9s ignoring "Out" commands. Then the case of Spencer Erickson, 26, in Lakewood, Colorado emerged. Did the dog trainer not tell them this? North Port paid out $1.4 million in claims and St. Paul $2.6 million. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. /s. It would be hilarious except for the poor arrested sods that are the brunt of this canine incompetence. Police are supposed to PROTECT and Server. (paid for by pet snack and leash companies). This was contrasted from the plaintiff who is ignorant "of the fact of his injury or its cause," whether because the injury has not manifested itself or "the facts about causation may be in the control of the putative defendant, unavailable to the plaintiff or at least very difficult to obtain." Contact us with theinformation below. Simmons v. Officers say to Bailey, "Stop fighting the dog, stop moving," while the dog is still latched onto his neck. The man in the San Diego police K-9 video, 26-year old David Aceves, was never charged with a crime and was given a settlement for. Was this excessive force? R.J. Corman Derailment Serv., Inc. v. Int'l Union of Operating Eng'rs., 335 F.3d 643, 647 (7th Cir. The confrontation starts at 6:28. U.S. Attorney's Office, Northern District of Indiana, For the U.S. Department of Defenses Tactical Explosive Detection Dogs Program, Settlement with Vohne Liche Kennels, Inc. for Submitting False Claims For Its Work, Gary Man Sentenced to 240 Months in Prison, Settlement With Conrado Castor, M.D. They participate in a "testosterone-driven culture and a hunt for cash markets," she said. I.C.C., 900 F.2d 1023, 1026 (7th Cir. Todays GSDs and I think this applies to both American and European lines are significantly heavier than the early generation GSDs, which were about the size of todays Mals. There is absolutely NO reason to deploy the dog *until* the handler is at risk. I cant speak to his motivation. To have standing: To show an injury in fact, the plaintiff must demonstrate a reasonable probability that he will suffer some identifiable harm. I.A.E., Inc. v. Shaver, 74 F.3d 768, 774 (7th Cir. Police Dogs Should Be Trained as Officers, Not Equipment, Police K-9 Dog Bite Studies and Regional Investigations - DogsBite.org, https://www.usatoday.com/in-depth/news/investigations/2020/10/02/police-use-of-force-dog-bite-k-9-investigation-excessive-force-arrests-lawsuits/5879123002/, 2023 Dog Bite Fatality: Man Killed by Pack of Dogs in Tucumcari, New Mexico, 2022 Dog Bite Fatality: Beloved Church Leader Dies After Being Mauled by Neighbor's Pit Bull in Richmond, Virginia, 2022 Double Dog Bite Fatality: Pair of Family Pit Bulls Kill Two Children, Seriously Injure Mother in Tennessee, Pit Bulls Lead Biting Incidents Across U.S. Cities and Counties, 2023 Dog Bite Fatality: Dog Pack Kills 65-Year Old Man in Jefferson County, Alabama, 2023 Dog Bite Fatality: Man Killed by Three Pit Bulls in Escambia County, Florida, 2023 Dog Bite Fatality: Horrific Pit Bull Mauling in San Antonio Kills One, Hospitalizes Two, Injures SAFD Firefighter, 2023 Dog Bite Fatality: Woman, 58, Mauled and Killed by Her Daughter's Family Pit Bull in Toledo, Ohio, Elderly Man Shares Account and Aftermath of Having His Lip Ripped off in a Vicious Pit Bull Attack on April 15th, 2018 in the Little City neighborhood in Bangor, Maine. We see from the videos, its still happening. Again, the good ol trainers before toy addictions and cookie wavershad this right. Good Luck and stay safe out there! After Alliance Defending Freedom filed a lawsuit . Trainers have forgotten the basics and if you cant instil those because as a trainer you are incompetent or the dog is just too stupid and/or temperamentalthat dog should be flunked, even if it is a 10k Mali. Running away in fear shouldnt result in a person being maimed for life. Vohne Liche Kennels,Inc. of Denver, Indiana provides training for handlers and canines to perform specialized tasks, such as explosive detection. Please consider subscribing so we can continue to bring you the best local news, sports and entertainment coverage. Vohne Liche and AWD, Mr. Miller claims, are responsible for his injury because they inadequately trained the police dog that alerted on his car. Two years earlier, K-9 Finn had attacked an officer during a training exercise, biting him on the face and neck. Always trained in arenas and controlled areas. 2001) (quoting Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 692 (7th Cir. Mykal McEldowney/IndyStar Police dogs on rare occasions have even killed people, including in Alabama, where a man died of a ruptured artery in his thigh after a bite in July 2018. As a stock dog owner, it stuns and terrifies me how little control the handlers have over these dogs in most of the video links above. Now, every dog wears a harness and sled dogs its owner down the stress. "One can't file a suit against a nonexistent party, although one may be able to invoke a tolling rule to delay suing if it is not possible even with the exercise of due diligence to identify the injurer." In its August 29, 2012, Entry Discussing Motion to Dismiss (Dkt. FFS a dog that cannot breathe will let go and wont reject the OUT command next time. GSDs, Bouviers and Dobes are far better choices IMO. 1920 (2). "He certainly wasn't posing an imminent threat of violence or harm to anyone and he certainly wasn't concealed." Id. In a detailed opinion, the Seventh Circuit discussed the different methods by which a person could sue the Government for compensation of taken property. Also know that the dog involved, K-9 Boyka, was a Vohne Liche Kennels dog. The only claims remaining are against Vohne Liche and AWD. At the root of this and so many of our problems is the dog worship culture. Address: 43455 Hilltop Drive. Under the False Claims Act, Vohne Liche Kennels agreed to repay $900,000 of federal funds that it received for the fraudulently billed claims, and also agreed to pay a civil penalty of $450,000. Norfolk is a criminal case, in which defendant sought the return of his property from the Government under Federal Rule of Criminal Procedure 41(g). With over 600 acres, Vohne Liche Kennels has an unparalleled facility for dog training, and the events at the Olympics are designed to simulate what working dogs and handlers might experience. This is about maximizing profit from these dogs with the least amount of effort. In our dog worship culture, people only want to hear feel good stories about canines. 1999). Either way, your shopping cart will be active until you leave the store. The attacks in this report portray white, Black and Latino suspects -- some were never classified as a "defendant" since they were never charged with a crime after the mauling. Bingo. The FSRs monitored the activities of the newly-trained TEDD handlers and dogs to reinforce and improve their techniques. 7953 N Old Route 31, Denver, IN 46926 A local dog whose handler was killed was half GSD/half Malinois. The dog is poorly trained, as is the officerunless hes a brute. A locked padlock Some of our Many Services, "VLK delivers some great dogs to the historic Rikers Island for the New York Department of Corrections.". You paid for some cheapo course that didnt last for years and worked in a month or so because the instructions were simple and clear? Montgomery Co Sheriff's Office (TX) Welcome to the VLK family! In another rare fatality, in 2013, Hayward police shelled out $1.5 million for not warning the victim they had deployed the dog in his backyard. Two options discussed by the court were filing a Bivens or 1983 action. the moving party is entitled to judgment as a matter of law." 1998). Maybe the movement should be aware of the injuries caused by these dogs. Vohne Liche Kennels, Inc., (pronounced Von Lick), is a full service K-9 training facility where the best of the best go for highly trained Police Service Dogs. The K-9 attack resulted in these bites, which could have been fatal. The primary goals of a police K-9 are to decrease escalation (as the case of K-9 Axel shows), to assist officers in apprehension and to immobilize suspects who resist arrest by biting and holding one of the suspect's extremities. I am seeing a connection between Schutzhund going down the tubes (internationally) and all these psycho, out of control malinois in police forces. If you go to hashtag bluefall on twitter, they have many more. (pronounced Von Lick) is a full service K-9 training facility where the best of the best go for highly trained Police Service Dogs. "Due to this verdict, a 'retired' police K-9 can now breakout of its property and savagely attack and kill an innocent person without criminal culpability," we wrote after the trial. 1996). 2003). 1983 would still fail and Mr. Miller would have no relief because his claims are barred by the relevant statute of limitations. Pro se litigants must receive proper notice regarding the meaning and consequences of a summary judgment motion, but must still adhere to the dictates of the Federal Rules of Civil Procedure. 1983 claim, seeking compensatory and punitive damages as well as injunctive relief. The facts of Mr. Miller's alleged injury were indisputably known to him on May 14, 2008, regardless of whether he knew about this particular legal theory or the specific defendants. Shimer v. Washington, 100 F.3d 506, 508 (7th Cir. And, rather than amend his complaint in the Northern District when he became aware of Defendants in October 2011, Mr. Miller chose to wait to file the current action in a this Court.