To bring a successful excessive force claim, you will need proof of your injuries. You should document them soon after receiving medical treatment.Take color photographs from many different angles. Make sure the lighting is sufficient so that you capture the severity of the bite marks.
Get medical records. These records will be critical in a lawsuit, since they document the extent of your injuries.;
, Many businesses have surveillance video taken of their property. if the dog attacked you near a store (such as a convenience store), then stop in and ask if you can get a copy of the video for the day and time of the incident.The store might resist turning it over. You can subpoena a copy of the video after you start your lawsuit, although it may be too late by then.
In any event, ask who you should talk to if the store won’t turn the video over.
 You can also sue for any financial loss caused by the dog bites. In particular, you can be reimbursed for lost time at work or for money spent treating the dog bites. You should gather the following:


Proof of income. You can get pay stubs, your W-2 form, or proof of self-employed income.
Receipts for money spent on medical treatment, including hospital bills, doctor bills, rehabilitation costs, and medicines or prescription drugs., You can also generally be compensated for the emotional harm of the attack as well. You can prove your emotional harm in the following ways:


Keep a journal. In the journal, you can document how the injuries affect your daily life—how they interfere with your sleep and mobility, as well as your emotions.Have your counselor, therapist, or psychiatrist testify at your trial.
Have your friends and family testify as to how your mood has changed since the injury.
 Because excessive force cases are complicated, you would benefit from meeting with a qualified civil rights attorney, who can analyze your circumstances and tell you whether you have a solid case. You can get a referral to an attorney by contacting your local or state bar association.Once you have the name of an attorney, you should call and schedule a consultation.
 Excessive force administrative actions and lawsuits are very complicated, and it could be difficult for you to learn everything you need to know in order to bring a successful claim. Although you can certainly meet with the lawyer only once for a consultation, you should give considerable thought to hiring him or her to represent you.


At the consultation, ask how much the lawyer charges. Since you are bringing an administrative action and suing for a civil rights violation, the defendant may have to pay your attorney’s fees and reimburse you for the costs of the lawsuit if you win.
Furthermore, the lawyer might be willing to represent you on “contingency.” This means the lawyer will get paid only if you win or settle the lawsuit. Typically, the lawyer gets 33-40% of the amount you win., Some laws require an exhaustion of remedies while others do not. If the law requires you to exhaust all administrative remedies before bringing a lawsuit, you must file an administrative complaint with the proper authority. In federal cases, this may be the Department of Justice (DOJ). In state cases, it may be the police department or some other state agency. However, some laws do not require an exhaustion of remedies before bringing a lawsuit. If you work within one of those laws, this process might not be necessary.


For example, if you want to bring a lawsuit for excessive force under the Civil Rights Act of 1964 and the Office of Justice Program (OJP), you must first exhaust administrative remedies.
However, if you want to sue under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, there is not exhaustion requirement., Federal administrative complaints will usually be handled by the DOJ. When you file a complaint, you need to access a complaint form or create your own complaint that contains all of the required information. Once you complete your complaint, it needs to be sent to the proper recipient. Check with the DOJ website for up-to-date information. In general, your complaint needs to contain the following information:Your personal information
The name of the law enforcement agency involved
A description of the wrongful conduct (i.e., the police dog misconduct)
The contact information of witnesses that can corroborate your story
An explanation of why you believe you were discriminated against (if you are making this claim)

, If you are filing a state complaint, determine where your complaint needs to be sent. For example, in Riverside, California, a complaint can be lodged with the police force's internal affairs division. They have complaint forms available at multiple police station locations throughout the city. You can also file a complaint online.Complaint forms will usually require you to include the following information:The location of the incident
Your personal information
Contact information for witnesses
A description of the actions that led to you making the complaint

, Once the complaint is received, the state agency will classify it and investigate it. In Riverside, there are multiple classifications including informal, incomplete, frivolous, and formal complaints. If your complaint is designated as formal, they will conduct an investigation. The internal affairs department will follow up with witnesses, interview the officer controlling the dog, and interview you. The department may also visit the site where the alleged misconduct took place.


Once the investigation is complete, the internal affairs department will write up a memorandum of their findings., The memorandum of findings will be forwarded along up the chain and reviewed by someone else. This person will determine what actions need to be taken based on the findings provided. Once a final disposition has been made, you will be notified of the results.At this point, if you do not agree with the findings or disposition of your complaint, you can usually file a lawsuit in court.
 Excessive force lawsuits are hard to win. In order to prevail, the officer must have had the dog intentionally bite you; an accident can’t give rise to a lawsuit. You also have to argue that the use of the police dogs was “objectively unreasonable” based on the circumstances. This analysis focuses on what the officer knew at the time and not on 20-20 hindsight. A court will look at the following factors to determine whether using the dog was objectively reasonable:Were you resisting arrest? If so, then use of the dog is more likely to be reasonable.
How long did the dog bite you? The shorter the duration, then the less likely that excessive force was used. However, if a dog bit you for far longer than it was necessary to subdue you, then you have a stronger argument that the dog bite was objectively unreasonable.
Did you threaten the officers, physically or verbally? If so, then the police use of the dog is more likely to be reasonable.
How serious was your suspected offense? The more serious the crime (such as murder, armed robbery), then the more likely it is that using the dog was reasonable.
Were you armed or suspected of being armed with a weapon? If so, then the use of the dog is more likely to be reasonable.
Did you receive a warning ahead of time? If you did, then it is more likely that the use of force was reasonable.
 You can bring an excessive force lawsuit against the officer who used the dog against you. However, you can also sue the police department, town, or county if you think they are also responsible for your injuries.You should discuss with your attorney whether you should add them as defendants.


For example, the police department might have been negligent in training its officers when to use dogs or in choosing the dogs to add to its K9 unit.
Also, the town could be consciously depriving you of your constitutional rights by not supervising the police or by adopting a K9 policy that is unconstitutional.
 If you want to go ahead with your lawsuit, you should draft a “complaint,” which identifies you and the officer who used excessive force. In the complaint, you should provide the factual background of your lawsuit and also make a demand for monetary compensation (called “compensatory damages”).


Your court may have a printed, “fill in the blank” complaint form you can use. There is also a complaint form the U.S. Courts publish which you can use for suing in federal court., Once you have completed the complaint, you should sign it and make copies. You have to file the original with the court clerk. You can take the complaint to the federal court for your district and file.


You will probably need to fill out other forms at the courthouse. For example, some courts will have you complete a “cover sheet” or a form stating that you are representing yourself in the lawsuit.Ask the court clerk for all of the forms you will need.
It costs $400 to file a lawsuit in federal court.If you can’t afford the fee, then you should ask for a fee waiver form and complete it.
 Notice usually consists of a copy of your complaint along with a “summons.” You can download a summons from the court’s website and complete it.The court clerk must sign the summons.


A U.S. Marshal can hand deliver a copy of the complaint on the defendant. However, the Marshals generally don’t make delivery unless ordered by the court. If you aren’t indigent or a seaman, then you typically will have to hire a private process server to make delivery.You can find process servers in the phone book or on the Internet. They generally charge $45-75 per service.
Whoever makes service must fill out a “Proof of Service” form. It should be on the back of the summons. You need to file it with the court and keep a copy for your records.
 After receiving your complaint and summons, the defendant has a limited amount of time to file a response. Typically, the officer will try to get the case dismissed on the grounds that he or she has “qualified immunity.”


Qualified immunity protects a police officer from being sued unless it was clearly established federal law that using police dogs in your situation was illegal.This doctrine is as drastic as it sounds, and it generally allows most officers to escape being sued.
You will receive a copy of the “motion to dismiss” that the police officer files claiming qualified immunity.
 In order to keep the case from being dismissed, you or your attorney will need to file a response in opposition. In this motion, you will argue that using the police dogs was in violation of a “clearly established federal law” at the time the dog was used.


Generally, you can prove the law was “clearly established” by pointing to either a Supreme Court or appellate court decision that establishes use of a police dog in circumstances similar to yours was illegal.For example, your appellate court might have held that officers must give a warning before using a dog. If they don’t, then they are violating “clearly established” law and cannot get qualified immunity.
The judge will probably hold a hearing to discuss the qualified immunity defense. If the officer loses the qualified immunity argument, then he or she has a right to an immediate appeal on that issue.
 During discovery, you and the defendant will have an opportunity to exchange information in order to prepare for trial. This gives you a chance to determine the strength of the other party's case and find out what they will say at trial. In order to collect information during discovery, you will use the following tools:Depositions, which are in-person interviews with witnesses and parties conducted under oath. The answers given can be used in court.
Interrogatories, which are written questions posed to witnesses and parties. The answers must be given under oath and they can be used in court.
Requests for documents, which are formal requests for documents that would not otherwise be publicly available to you. Examples of documents you might request include body camera footage, emails, text messages, and phone records.
Requests for admissions, which are written statements the other party must admit or deny. This process helps narrow down what needs to be argued at trial.
 As soon as discovery concludes, the defendant will try to end the litigation by filing a motion for summary judgment. To succeed, the defendant must prove that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. In other words, the judge must agree that, even if every factual assumption was made in your favor, you would still lose the case.


You will defend against this motion by filing one of your own. Your responsive motion will include evidence and affidavits showing the court that there are factual discrepancies that need to be settled at trial.In addition, if a cross-complaint was filed against you, you might file your own motion for summary judgment to try and end the litigation.
 If your case is strong and you win on the qualified immunity issue, then the defendant might want to settle the lawsuit. You should certainly consider settlement, since it will save you time and money. In addition, most police forces will want to settle with you in order to avoid bad publicity and exposure. Depending on the severity of your case, you may be able to use this information to extract a good settlement out of the police.


Before entering settlement discussions, determine the absolute minimum you would be willing to settle for. For example, if you sued for $100,000, then you might be willing to settle for half that--$50,000. This is your “walkaway” point.You need a “walkaway” point so that you know when to get up from negotiations. Negotiations are voluntary, and you shouldn’t settle the case unless you feel comfortable with the amount of compensation you have gotten.
You can decide on a walkaway point by talking with your lawyer. The number will generally depend on how strong your evidence is for trial.
 If informal negotiation tactics fail, consider submitting to mediation. During mediation, a neutral third party will sit down with you and the defendant to discuss the case. He or she will try to find common ground and come up with unique solutions to your dispute. The mediator will never impose their own opinions or take sides.
 Years might pass before you finally get your day in court. Arguing the “qualified immunity” issue could take over a year, especially if an appeal is involved. At trial, you and the defendant will present evidence to a jury, which must be unanimous in its decision. If you were arrested because you actually committed a crime, then you should discuss with your lawyer whether to ask for a bench trial, which will be heard by the judge instead of a jury. A jury might not be sympathetic to you if you were actually guilty of a crime when you were bitten.


After the trial, if you win, you will be awarded damages. However, if you lose at trial, you might consider making an appeal. Appeals can only be filed in limited circumstances when the judge made some legal error (as opposed to a factual error) in your case. For example, if your judge applied the wrong law, you might have a quality appeal. To make an appeal, you and your lawyer will have to file an appellate brief within a certain time period after your trial ends (usually between 30 and 60 days)., Some police departments have been accused of using police dogs too often or in a racially-discriminatory manner that targets African Americans and Latinos.Police should keep statistics on the number of arrests that involve a dog bite, as well as the race of the suspect bitten.


You should try to get these statistics. You can make a request directly to the police department or use your city’s public disclosure request process.Contact your mayor’s office.
 Drum up support from the public by talking about the misuse of police dogs in your city. Be sure to mention statistics and to emphasize that there are safer ways to use dogs. For example, police could have the dog corner a suspect and bark instead of biting and holding. Writing letters to the editor of a newspaper is a good way to increase this issue’s visibility.To write an effective letter, you should get to the point and not use too many words. Generally, a letter should be 300 words or fewer.
Make sure that you praise the police and acknowledge the risks they take every day for your safety. This will give you credibility.
Nevertheless, be sure to use your statistics to argue that the police are currently misusing the police dogs. Suggest how the dogs could be used properly without sacrificing officer safety.
You should probably send the letter by email, since it is the standard way to communicate now.
 Your city council could adopt a law restricting the use of police dogs by the police department. Each city council operates a little differently. However, generally, individual members can introduce bills for the entire council to consider.You should meet with an individual council member who you think might be sympathetic to changing the way the police use dogs.


If the bill comes up for discussion, then you can attend meetings to present your findings and to advocate for change.
 If your city will not change its K9 policy voluntarily, then you could think about bringing a class action lawsuit. In a class action, a group of people who have been injured by police dogs could sue.


You can sue for an “injunction,” which is a court order to stop using police dogs. Injunctions can be an effective way to bring about change when your government officials are resistant.Unlike police officers, cities and counties cannot claim “qualified immunity,” so you might be much more successful getting an injunction to stop the use of the dogs.
You should talk to a civil rights attorney to discuss bringing a class action lawsuit for an injunction.
Document your injuries.
Find video of the incident.
Gather proof of financial injury.
Document your emotional injuries.
Discuss your case with a civil rights attorney.
Think about hiring the lawyer.
Determine what law you want work under.
File a federal complaint with the DOJ.
Fill out a state complaint form.
Investigate the complaint.
Await a final administrative disposition.
Analyze your excessive force case.
Discuss who else you can sue.
Draft a complaint.
File your complaint.
Serve notice on the defendant.
Read the defendant’s response.
Respond to the defendant's motion to dismiss.
Participate in Formal Discovery.
Defeat a Motion for Summary Judgment.
Consider settlement.
Try mediation.
Continue on to trial.
Request statistics from the police department.
Write letters to local newspapers.
Propose a change to your city’s law.
Think about bringing a class action lawsuit.
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