Draco

You Can’t Sue a Dog for Negligence

Robert C. Lockwood
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negligence arrest dog
Police dogs cannot be sued for negligence.

Police departments frequently get sued by people they arrest.  Usually, the police officer performing the arrest also gets sued.  Recently, the Eleventh Circuit Court of Appeals held that a police dog could not be sued for his conduct in the course of an arrest.  Jones v. Officer S. Fransen, 857  F.3d 843 (11th Cir. 2017).  “Draco” is a police canine who was involved in the arrest of Randall Kevin Jones.  Mr. Jones sued Draco, several police officers and Gwinnett County Georgia after Draco “savagely attacked and tore” Jones’s arm.

Ultimately, the Eleventh Circuit found that Draco could not be sued, because Georgia law on negligence only permitted a suit against a “person.”  But, Judge Rosenbaum’s introduction to the case is a thoroughly-entertaining piece of legal writing:

In history and literature, the name “Draco” has been associated with some notorious characters. Draco of ancient Greece is perhaps best known for the harsh legal code he composed, which inspired the word “draconian.” Antonios Loizides, Draco’s Law Code, Ancient History Encyclopedia http://www.ancient.eu/Dracos_Law_Code/ (last visited May 12, 2017). Draco Lucius Malfoy, of course, is Harry Potter’s perpetually maleficent rival in the Harry Potter literary series.

And to the list of infamous Dracos, add Defendant–Appellant Draco. Draco is a police canine who was involved in the apprehension of Plaintiff Randall Kevin Jones. Unfortunately, Draco inflicted some serious damage on Jones when Draco refused to release his bite. Jones sued Draco, among others, for negligence. Georgia law by its terms, however, does not provide for negligence actions directly against dogs. We therefore hold as much today and reverse the district court’s denial of Defendant–Appellants’ motion to dismiss Draco.
Jones, 857 F.3d at 847-48.  Most of the Jones opinion was devoted to serious issues of law concerning the liability of Draco’s handler.   But, as the introduction indicates, the Court seemed to be amused by the attempt to directly sue a dog.  Later in the opinion, the Court noted the practical problems of serving a dog with a complaint, securing legal representation for a dog and determining a dog’s intent.  In short, Jones is a victory for police departments, K-9 officers, and dog-lovers everywhere.