Trial Magazine

Richard May Jr., 62, entered a construction site with his friend to search for her cat. As they left, they encountered county deputy Chris Laughlin, who commanded his police dog to bite May. May suffered moderate to severe dog bites to both of his legs, necessitating stitches.

May sued the county and Laughlin, alleging excessive force in violation of 42 U.S.C. §1983, battery, and negligence. Suit claimed that Laughlin ordered his dog to bite May even though May had nothing in his hands and was not fleeing or resisting Laughlin’s orders. The plaintiff did not claim lost income or medical expenses.

The defense argued that Laughlin had been responding to a burglary in progress at the construction site and, therefore, the level of force used was reasonable. The defense also asserted that May had failed to keep his hands visible and at his sides during the encounter.

The jury awarded $1.1 million, including $100,000 in punitive damages. The parties later settled for $1 million plus attorney fees.

Citation: May v. San Mateo Cnty., No. 3:16CV00252 (N.D. Cal. June 13, 2017).

Plaintiff counsel: Michael J. Haddad, AAJ member Julia Sherwin, T. Kennedy Helm, and Maya Sorensen, all of Oakland, Calif.