SAN JOSE, CA – In one of the largest police dog-related settlements in state history, according to the Mercury News, the city of San Jose has agreed to pay $1.6 million to a robbery suspect after a K9 severely injured his throat and ignored repeated commands from officers to stop.
This case is part of a growing number of settlements involving K9 bites by law enforcement agencies in Northern California in recent years, the Mercury News added.
In the San Jose case, Anthony Paredes filed a lawsuit against the police department for excessive force, claiming he endured psychological harm and lasting damage to his ability to speak following the 2020 incident, wrote the Mercury News.
Izaak Schwaiger, a civil rights attorney, stated, said the Mercury News, “Anyone who saw the video would have thought he was going to die. They showed a complete lack of regard for human life. It’s appalling, and I believe that’s reflected in the size of the settlement.”
The San Jose Police Department chose not to comment on the settlement or inquiries regarding the protocols of its K9 unit, citing its policy of not discussing matters related to ongoing litigation.
According to The Mercury News, police had responded to a Feb. 7, 2020, call about an unarmed robbery at the Safeway on Berryessa Road. Court records indicate Paredes was cashing a check nearby while his girlfriend tried to steal alcohol from the store, where a security guard detained her.
After officers and a helicopter arrived, Paredes fled and took refuge in the backyards of nearby homes, eventually hiding in a garbage can to avoid capture, but, said the Mercury News, shouted, “Alright! Alright! Alright!” and “Hold on guys,” attempting to surrender. However, once the can was lifted off him, Officer Michael Jeffrey ordered his K9, Tex, to bite.
Tex continued to bite Paredes’ neck for about a minute, ignoring 22 commands to release. When the dog didn’t stop, Officer Jeffrey yanked Tex by his collar twice, lifting Paredes off the ground for nearly 30 seconds with the dog still attached. Authorities later discovered that Tex’s e-collar, a device used to shock the dog into compliance, had come loose, reported the Mercury News.
According to The Mercury News, while the City Council approved the settlement unanimously without commenting, San Jose Mayor Matt Mahan acknowledged the seriousness of the incident in an interview with the Bay Area News Group.
Schwaiger argued the incident highlights systemic issues within the police department’s K9 Unit. He pointed out that 911 audio and helicopter video contradicted the police’s justification for using force, including their claim that Paredes had a “bladed weapon,” and instead showed Paredes trying to surrender, wrote the Mercury News.
Schwaiger emphasized to the Mercury News the situation was especially egregious as the department knew Tex was not responding to commands to release his bite, yet still allowed him to remain on duty before later removing his handler from the K9 unit.
U.S. District Court Judge P. Casey Pitts, who oversaw Paredes’ lawsuit, noted in court filings from December that six body camera videos from the previous year showed Tex behaving in the same way, including a similar incident just four months before the one involving Paredes.
Judge P. Casey Pitts, in a December ruling, commented, “It is undisputed that the actions in these videos—specifically the length of Tex’s bites, his refusal to release upon command, and Officer Michael Jeffrey pulling against the bite—do not align with canine certification standards or industry practices.
“Given the similarities between these six videos and Paredes’ arrest, a jury could determine that the city’s failure to take action against Jeffrey, despite knowing of his past behavior, directly contributed to the violation of Paredes’ Fourth Amendment rights.”
According to The Mercury News, several other K9 incidents in the region have resulted in settlements close to or above seven figures in recent years, including, in 2023, the Sonoma County Sheriff’s Office settled a K9-bite case for $1.35 million after K9 Vader mauled a Graton man’s leg while he was already on the ground.
The Mercury News cited a more recent case that involved a woman suspected of shoplifting from a cosmetics store who received nearly $1 million in November after a Brentwood police K9 attacked her, biting and tearing off part of her scalp, and noting the largest known K9 bite settlement came from a 2013 incident in which a Kern County Sheriff’s Office dog escaped its kennel and continued to bite a woman’s leg for 60 to 90 seconds. The lawsuit was settled for $2 million.
The Paredes case is one of several lawsuits the San Jose Police Department has faced in recent years regarding its K9 unit, wrote the Mercury News, noting the case of Fernando Villanueva-Galvez who said police released a K9 into his apartment while he slept after responding to a laundry room altercation. The dog allegedly bit his face and chewed off half his ear for nearly 90 seconds, causing permanent disfigurement.
Schwaiger stated to the Mercury News he hoped the Paredes case would lead to change, but unless the department undertakes serious reforms, he believes more cases will come to light, with taxpayers forced to dole out significant sums.
