Local news, sports and entertainment when you want it. Justia US Law Case Law Federal Courts Courts of Appeals Seventh Circuit 2015 Kevin Miller v. Vohne Liche Kennels, Inc. Kevin Miller v. Vohne Liche Kennels, Inc., No. R. Civ. This dog is being used as a proxy for violence. That dog could have just as easily targeted the other officer. Bailey's doctor described his wounds as a punctured trachea, cut carotid artery, damaged tissue in his neck, injuries to his shoulder and a broken finger. at 648. The district court agreed with VLK. Then the case of Spencer Erickson, 26, in Lakewood, Colorado emerged. 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. Im old enough to remember peaceful civil rights protesters being attacked by these dogs. Defendants argue that Mr. Miller lacks standing to seek injunctive relief. Its not over, yet. 2000) (citing Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 210-11 (1995); City of Los Angeles v. Lyons, 461 U.S. 95 (1983)). Defendants' motion for summary judgment on Mr. Miller's injunction claim is therefore GRANTED. Specifically, Defendants argue that Mr. Miller knew of his injury on May 14, 2008, the date of his traffic stop, and thus the current action filed on January 13, 2012, is untimely. The Loudoun County Sheriff's Office released a statement to address what it called "misinformation" circulating in the media regarding the two cases. Mr. Miller emphasizes the court's phrase "and by whom," but this phrase had no special significance in Norfolk and was not explained by the court. If excessive force cases involving police K-9s continue to escalate, taxpayers will grow angrier at funding the resulting lawsuits. On May 14, 2008, Mr. Miller was pulled over by a City of Plymouth (Indiana) police officer for speeding while driving from Munster, Indiana to Fort Wayne, Indiana. That lawsuit alleges police K-9 Finn bit his neck repeatedly leaving him with deep and potentially fatal cuts near his jugular vein.6 Erickson was not a perfect victim, but he was a low-level offender -- he had crawled into an attic and was consuming alcohol and smoking pot. 177, 180 (S.D. This matter is before the Court on the parties' cross-motions for summary judgment. The best example we could find of an ideal "partnership relationship" between an officer and K-9 occurred in February. They added that a "murder" while in police custody -- referring to George Floyd -- "very nearly did" happen here. It also inflated the number of labor hours performed in Afghanistan by the FSRs. Southern District of Indiana DISTRIBUTION: KEVIN D. MILLER205 W. Joliet Street, #304Schererville, IN 46375 Jon David BakerBAKER AND BODWELL PCsmchenry@cinergymetro.net Andrew J. SickmannBOSTON BEVER KLINGE CROSS &CHIDESTERajsickmann@bbkcc.com John P. BushemiBURKE, COSTANZA & CARBERRY LLPbushemi@bcclegal.com Mike J. BoldeBURKE, COSTANZA & CARBERRY LLPbolde@bcclegal.com Patricia HassBURKE, COSTANZA & CARBERRY LLPhass@bcclegal.com Ashley Marie UlbrichtCITY OF CARMELaulbricht@carmel.in.gov Douglas C. HaneyCITY OF CARMELdhaney@carmel.in.gov Sean M. SurrisiCITY OF PLYMOUTH, INDIANAcityattorney@plymouthin.com Chou-il LeeCITY OF TERRE HAUTEchou-il.lee@terrehaute.in.gov Charles F.G. ParkinsonHARRIS WELSH & LUKMANNcparkinson@hwllaw.com Douglas Joseph MassonHOFFMAN LUHMAN & MASSON PCdjm@hlblaw.com Darren J. MurphyHOWARD & ASSOCIATESdmurphy@ori.net Kate E. ShelbyINDIANA ATTORNEY GENERALkate.shelby@atg.in.gov Jacqueline N. ChosnekPEARLMAN CHOSNEK & HOPSON PCjchosnek@chosneklaw.com Elizabeth A. KnightPORTER COUNTY ADMINISTRATIVECENTEReknight@porterco.org James H. AustenSTARR AUSTEN MYERS & MILLER,LLPausten@starrausten.com Blake J. BurganTAFT STETTINIUS & HOLLISTER LLPbburgan@taftlaw.com Chou-il LeeTAFT STETTINIUS & HOLLISTER LLPclee@taftlaw.com Kevin C. TankersleyTANKERSLEY LAW OFFICEkevin@tanklaw.com Daniel Joseph LaydenWILLIAMS BARRETT & WILKOWSKI,LLPdlayden@wbwlawyers.com, Case No. Secure .gov websites use HTTPS If the plaintiff does not have standing, there is no case or controversy, and the court does not have jurisdiction over the claims. Im not surprised that dogs handled in this manner keep mauling their handlers and anyone else they can get a grip, on. 24, 2013). Well-trained K9s are very expensive. Richard Bailey Jr. was attacked in the neck by a Lafayette police K-9 on May 9. It isnt about the safety of the officers, considering how many wind up getting mauled by their own dogs. Deaths are also rare because the dogs are trained to attack the arms and legs -- not the head and neck. Yer grievously cuttin into a bizness model of stringing along clueless, sentimental owners for months until the inevitable lawsuit by said murdered poodles owner and their grannys estate. A .gov website belongs to an official government organization in the United States. I believe that a well-trained dog is a good dog. Police departments from Kentucky, Indiana, even as far as North Dakota and Florida brought their K9 officers to the kennels over the past week to participate in various challenges. Stop it. Officers say to Bailey, "Stop fighting the dog, stop moving," while the dog is still latched onto his neck. HAMMOND - United States Attorney Thomas L. Kirsch II announced today a pre-suit settlement under the False Claims Act for false claims payable under a U.S. Department of Defense Contract for the Tactical Explosive Detection Dogs Program. 7953 N Old Route 31, Denver, IN, US 46926 Specifically, Mr. Miller asked for discovery documents concerning the training of the police dog that alerted to his car. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION. Lock Yet, despite the strong emotional feelings for his K-9, the officer is forced to shoot his dog. Winds W at 5 to 10 mph. "Past exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief . You are a liability magnet. VLK also has the advantage of utilizing several trainers who are considered subject matter experts in their career fields. The principle remains, though. The K-9 attack resulted in these bites, which could have been fatal. Now, every dog wears a harness and sled dogs its owner down the stress. We began doing so after reviewing lawsuits filed in the Pacific Northwest and how the "bite and hold" method of training was being tested in the courts. Either way, your shopping cart will be active until you leave the store. Back to Top 2023 Vohne Liche Kennels Tweets by @@KennyLicklider 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." The whole K-9 unit was suspended afterward. When looked at that way, its easier to see when they should be deployed, and when they should not. They cant scale a fence or run overtop of a car etc. Vohne Liche Kennels is located along U.S. 31 about 14 miles north of Peru, and is one of the largest training facilities in the world for police and military K-9s. Thanks for covering one of my favourite rant topics Colleen! Period. These dogs are assisting officers in apprehension and immobilizing suspects.]. 230) is DENIED. The videos on this post are heartwrenching. Police will eventually be forced to hand over these records to Bailey's attorneys. LMPD officers Maverick, Ripley, and Luna participated in the 2021 K9 Olympics, taking place at Vohne Liche Kennels in Denver, Indiana. 1990). In the case of someone running away *with a weapon* the dog can knock down+hold until the handler can arrive. Rather, the process of taking the facts in the light most favorable to the non-movant, first for one side and then for the other, may reveal that neither side has enough to prevail without a trial. The head and neck attacks are increasing as well, subjecting these suspects to potential death. That is a lofty goal, but we are u See more 17,397 people like this The suspect has an upper left arm bite (3:52), where the dog immobilized him, and bites to his hip through his jeans. If the target does not have a weapon or attack the handler directly, the dog should not bite. Prior to these settlements, North Port and St. Paul bragged about having "awarding winning" police K-9 units. Vohne Liche Kennels was sub-contracted in 2011 to provide personnel, equipment, tools, materials, supervision, and nonpersonal services for the creation and operation of a training program for both military handlers and dogs for the TEDD program. How many Black people have been victims of this kind of overkill? KEVIN D. MILLER, Plaintiff, v. VOHNE LICHE KENNELS, INC., and AMERICAN WORKING DOGS UNITED, INC., Defendants. Miami County dog shines in 2022 Hollywood film. Should the officer have been promoted two months after the attack? No. I trained all my dogs to heel. These dogs are being used as substitute weapons and ego massagers, not lifesaving tools. The Norfolk court cited United States v. Kubrick, 444 U.S. 111, 122 (1979), which, in discussing the discovery rule, explained that when "a plaintiff [is] in possession of the critical facts that he has been hurt and who has inflicted the injury," a statute of limitations will begin to run. 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. Carson Gerber can be reached at 765-854-6739, carson.gerber@kokomotribune.com or on Twitter @carsongerber1. Seriously, that hold should be a death sentence for any police dog. Aside from that (or, in addition to that), the roachback look has been an unnecessary and terribly ruinous direction in which to breed these dogs. If massive civil lawsuits don't force some of these K-9 departments to change, maybe criminal charges will. The main difference between this case and the Northern District litigation is the theory of the violation and choice of defendant. Do these flaming dimwits not know that prong collars can pop a prong thus freeing the dog if the dog is wildly agitated and twisting? The taxpayers shouldnt be having to pay out pantloads of wrongful death/maiming suits because the police department/unions are afraid of cleaning house. Even without fraudulent concealment, equitable tolling may apply when claims cannot be discovered with the exercise of reasonable diligence. You're going to hurt people and your agency is going to write checks." After Axel jumped through a broken window (while leashed), Axel waited for Richardson to follow. Most such cases are unknown, because they go unreported by official sources and because they go unreported by news media sources and therefore are never brought to public attention. So much wisdom here. (you can delete but Ive got the same suspicions about some of these pitbull happy video channels, as well, https://www.youtube.com/watch?v=fqPXcv-IE0k. Here, Mr. Miller claims he was ignorant to his injury and who caused it. Police/protection work is not a good fit for 90% of large dogs, even those bred for it. 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. The court held Vohne Liche in contempt of court; thereafter, Vohne Liche produced the responsive materiala training manualon October 7, 2011. I dont know what kind of budget local PDs have, but I hope they are not cutting corners up front trying to get less-than-well-trained K9s on the cheap. Official websites use .gov Police, in general now, have been overly militarized and have proven time and time again, they are too unstable to handle even basic weapons. Mr. Miller learned of Vohne Liche and AWD from the defendants' responses to his discovery requests, which included training logs and certificates from Vohne Liche. at 838. 2009). What are the odds? Email notifications are only sent once a day, and only if there are new matching items. 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. Recently, Vohne Liche was forced to pay $1.35 million to the U.S. Department of Defense for fraudulently submitting claims for labor hours for trainers. At the root of this and so many of our problems is the dog worship culture. Maybe the movement should be aware of the injuries caused by these dogs. Vohne Liche Kennels has agreed to pay $1,350,000 to resolve the United States claims under the False Claims Act for fraudulently submitting claims for labor hours for trainers and FSRs involved in the TEDD program. (can you hear my eyes rolling at the statement by SDPD?). 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. 1997). Sorry, there are no recent results for popular commented articles. The problem with Bouviers and Rottweilers are, although they are far more temperamentally suited in many cases, they tend to be one-person dogs and it is costly to train a dog where it needs to be with the handler from puppyhood (or at least 10-11 months) and trained with the handler for another year to get the best result. A mix of clouds and sun during the morning will give way to cloudy skies this afternoon. "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." They need to be bred out, then bred back for health, like pointers were but then the breed clubs would go into melt down. the moving party is entitled to judgment as a matter of law." Fax: (219) 852-2770. is heard, alerting the dog to its target. I remember years ago, my docile Golden nicking her ear, and how she started licking her own blood. Mr. Miller contends that he did not know of this particular injury caused by Vohne Liche or AWD on May 14, 2008, because he did not know, and there is no evidence that he knew, of Defendants' existence or conduct that would give rise to a claim before January 12, 2010. Our nonprofit began investigating the issue of police K-9 attacks on undeserving people six years ago. Erickson also had outstanding warrants for a DUI and mischief cases. Police also use dogs which are half GSD and half Malinois. I found this confusing and I found fat dogs. Claims brought under 1983 are governed by the statute of limitations for personal injury actions in the state where the purported injury occurred. You nailed it, Terry. It is not usual police or K-9 training to point a dog at anything but the extremities." 1996). Under the settlement, Vohne Liche Kennels agrees to repay the $900,000 of federal funds that Vohne Liche Kennels received for the fraudulently billed claims, and also agrees to pay a civil penalty of $450,000. Something about aggression and bitework is just toxic with many people; they lose their damn minds. My Offices Affirmative Civil Enforcement Unit will continue to require contractors who submit fraudulent claims for federal government funds to reimburse the government for their ill-gotten gains and also pay civil penalties under the False Claims Act.. They crank the dogs way too high in training while not practicing any control whatsoever and this is how it all goes sideways. /s. When the dog didnt OUT on the first command, why did they not HANG THE DOG until it let go? 179.) Also, I see that you are very knowledgeable in this area, your posts are very informative. He also alleged a 42 U.S.C. In July, Lafayette Police Chief Patrick Flannelly denied a request from the Journal & Courier to inspect the bite records for Boyka during its nearly six years of service with the department. Co., 957 F. Supp. There is no basis to equitably toll the statute of limitations due to the later-discovered training manual. 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. As we were writing this post, a Salt Lake City K-9 officer was charged with second-degree felony aggravated assault after he deployed his K-9 on a Black man who was on his knees with his hands in the air. All of the defendants have drug-detection dogs trained by Vohne Liche Kennels Inc. of Denver, Ind., which also was sued. He alleged that Vohne Liche inadequately trains drug-detection dogs, and as a result, the dogs are improperly certified by AWD. VLK has trained Police and Military Service Dogs for over 5000 law enforcement and government agencies to include the; National Security Agency (NSA) Polk County, FL. The training techniques and instability of some of these police K-9s, along with "baseless deployment" decisions and excessive force -- described as "barbaric" and "animalistic" by attorneys -- must be reined in. Vohne Liche Kennels, Inc. of Denver, Indiana provides training for handlers and canines to perform specialized tasks, such as explosive detection. For me, the question becomes what changed? I look forward to your posts, as well. Protection trained dogs are potentially deadly weapons. Note that he cant seem to get the dog off until he turns his back to the camera. Carlos Balli, 29, seeks $2 million dollars after Arizona DPS K-9 Storm ripped off half his face. In the three I did watch, the suspects were clearly surrendered and standing or sitting still when out of nowhere the dogs attack. Terry, This is just ONE recent example from BLM where the dog is clearly agitated, the officer is refuses to get the dog under control it so lunges out and grabs a protester. VLK has trained Police and Military Service Dogs for over 5000 law enforcement and government agencies to include the; National Security Agency (NSA) Polk County, FL United States Secret Services Excessive force? Again, a story for 60 Minutes to consider. The lawsuit says during the contract, Vohne Liche fraudulently submitted claims for labor hours for trainers and FSRs involved in the TEDD program, including inflated labor hours billed for training sessions held at its Miami County facility. (Alpha Dogs premieres on February 8 and airs Fridays at 9 p.m on Nat Geo WILD.You can see a preview here.). Members v. Paige, 140 F.3d 699, 702 (7th Cir. Make your practice more effective and efficient with Casetexts legal research suite. Im pretty sure Howie, the owner, did a LOT of scenario training as well. As of September 18, the investigation by the special prosecutor remains pending. Police K-9 Dog Bite Studies and Regional Investigations - DogsBite.org. The same analysis and reasoning is applicable to Defendants' current motion. Later, use of a clicker followed by a treat became popular. Id. 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. See Greer v. Bd. To have standing: To show an injury in fact, the plaintiff must demonstrate a reasonable probability that he will suffer some identifiable harm. Those can be significant injuries too, but are vastly different than a police K-9 targeting the head and neck region, an act of potentially killing, not an attempt to immobilize. after a police dog has severely mauled the face/neck of an escaped shoplifter or other very mild crime. Required fields are marked *. The policy requires teachers to help students deny their biological sex by using whatever pronouns students specify. Please consider subscribing so we can continue to bring you the best local news, sports and entertainment coverage. The company was also contracted to provide Field Service Representatives (FSRs) who co-located with military units in Afghanistan. It was so obviously low-quality dog handling. 2001) (quoting Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 692 (7th Cir. For example, the plaintiff in City of Los Angeles v. Lyons, 461 U.S. 95 (1983), alleged that he was arrested and subjected illegally to a chokehold, causing him injury. Dog bites rarely get reported here, at all, either unless something is odd about the story. In our dog worship culture, people only want to hear feel good stories about canines. Or a police dog for $20,000. 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. I remember when I saw people training their dogs with treats. Vohne Liche and AWD, Mr. Miller claims, are responsible for his injury because they inadequately trained the police dog that alerted on his car. . The whole K-9 unit was suspended afterward.7 This is the extreme polar opposite of how Officer Richardson and his partner Axel responded to a dangerous bank robbery. The dogs are under greater pressure and less able to handle that pressure calmly due to training them to be excited by their *performance*, rather than obedient to commands. at 837. As Saxton leads the dog back to his cruiser, he continues to say, "Stop, stop" to the dog. How do they do it? 1996). . O'Regan v. Arbitration Forums, Ins., 246 F.3d 975, 983 (7th Cir. In the video, K-9 Boyka attacks Bailey's neck area for 30 seconds (see left side of screen), while an officer handcuffed him. Even the ACLU emphasized in this case, referring to police, "Such conduct does not contribute to social peace; in fact, it only allows distrust of police to fester.". Then, if it is properly trained, it will go straight for the weapon hand, accomplishing 2 things. We invite you to create an account with us if you like, or shop as a guest.
Richard Dawson Daughter,
Bbc Radio 2 Playlist: Today,
When Someone Says Nevermind,
Jim Deshaies Illness,
Articles V
