A woman brought litigation against a police agency following an encounter with a K-9, during which she was bitten in the face and suffered a fractured arm. The suit was subsequently removed to the United States District Court, Eastern District of Missouri, against the Chief of Police of the St. Louis County Police Department in his official capacity, as well as the officer involved in the incident.

The action against the police chief was ultimately dismissed and the only remaining claim was for excessive force against the defendant police officer. The police officer moved for summary judgment on the basis of qualified immunity, alleging that the plaintiff’s apprehension by the police dog was reasonable under the totality of the circumstances at the time.