HomeMy WebLinkAboutAgenda Report - September 15, 1999 E-16CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Request that the City Join Amicus Brief in the case of
Brewery. Cityof Nana, Ninth Circuit Court of Appeals,
Case No. 98-16460.
MEETING DATE: September 15, 1999
PREPARED BY: City Attorney
RECOMMENDATION: That the City join the Amicus Brief in the case of Brewer v. City
of Napa. Ninth Circuit Court of Appeals, Case No. 98-16460.
BACKGROUND: Amicus Briefs are filed in various actions which involve matters of
wide ranging concern to provide information and additional
argument to the court in order to assist the court in understanding
all of the issues and arrive at a conclusion.
This case involves a plaintiff who was apprehended with the aid of a police dog and injured during the
apprehension when he fought with the dog. To date the City of Napa has prevailed at trial, a jury finding
that the amount of force used on the plaintiff was reasonable. As you can see however, the plaintiff has
appealed this jury verdict through his attorney's Robert Mann and Donald Cook. These two lawyers have
a regular practice of trying cases on behalf of criminals who are apprehended by police dogs.
This particular lawyer team as a routine course in these trials, seeks to introduce photographs and
videotapes of dog bites that have occurred in other jurisdictions and are not representative of the case that
they are trying at the particular time. In this matter, the trial court ruled that the evidence that was trying to
be introduced was irrelevant and the court excluded it. This package of material seems to be aimed solely
at inflaming the passions of a jury with what a police dog might have done thereby drawing attention away
from the actual injuries in any particular case. This package of materials with minor variations have been
offered by this lawyer team in at least six different federal court cases in the last two years.
This amicus brief on behalf of the City of Napa and sanctioned by the California League of Cities will take
the position that the Ninth Circuit should rule that this evidence is inadmissible as a matter of law and
should be excluded from all cases arising from the use of a police service dog. Since the City of Lodi has
a Canine Unit it is appropriate for this City to join in such a brief.
FUNDING: Not applicable.
Respectfully submitted,
Ra"al Hays, Ci Attomey
APPROVED:
6.1) n Flynn -- City Ma ager