SAN DIEGO (AP) — A federal appeals court has restored a woman's lawsuit alleging San Diego police used excessive force when they released a dog that bit her lip.
The 9th U.S. Circuit Court of Appeals said Friday a reasonable jury could decide that releasing the dog risked severe injury to the woman, Sara Lowry, that the officer did not face an immediate threat and that Lowry did not try to evade arrest. The court in its 2-1 decision also said the city could be held liable for Lowry's injuries.
San Diego city attorney's office spokesman Gerry Braun said the office was reviewing the decision and would determine a course of action.
Lowry fell asleep in her office one night in 2010, but triggered the burglar alarm. Responding police released the dog, which found Lowry and bit her.
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