Quantcast
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

K-9s unleashed!

Big city bucks for naked midnight canyon walker

San Diego police K-9 unit being trained
San Diego police K-9 unit being trained

The City of San Diego is poised to settle a lawsuit brought by a man who was bitten by a police dog while he walking in a La Jolla canyon in the early hours of August 15, 2015.

According to the April 2016 complaint, police encountered San Antonio resident David Aceves in the middle of the night, walking naked through a canyon park in La Jolla. According to police, Aceves, 26, was visibly disoriented. Police officers released their police dog to subdue Aceves. The police dog bit him on the leg, resulting in what doctors called a "large degloving injury," in which a large piece of skin was torn from the underlying tissue. Aceves underwent multiple procedures and was required to stay in the hospital for more than two weeks.

On November 10, 2016, attorneys for Aceves and the city confirmed that a settlement was in the works and more time was needed to reach the final terms. Both sides agreed to submit a request for dismissal to the court no later than December 12.

The upcoming settlement is yet another instance where the use of police dogs in San Diego has been questioned in court.

In September of this year, a federal appellate court agreed to rehear an excessive-force lawsuit against San Diego's police force for siccing a canine on a woman while she slept in her Pacific Beach office. In that case, as reported by Courthouse News Service, Sarah Lowry went out for drinks in Pacific Beach after finishing work. Instead of driving home, Lowry returned to her office to sleep, inadvertently tripping a burglar alarm in the building as she did. Officers arrived at the scene and after not finding any burglars, they released their police canine, Bak. Bak found Lowry sleeping on an office couch and attacked. The dog bit Lowry on the lip, causing a large gash and severe bleeding.

A police officer at the scene, according to the report, later stated that Lowry was "very lucky" Bak did not rip her face off.

A judge on the appellate court wrote that while the use of police dogs serve a needed purpose, the use and severity of injuries should also be considered in such cases.

"In this case we must not rely on the plaintiff's 'luck' that she only ended up bleeding profusely from a cut lip rather than having her whole face 'ripped off' to excuse the conduct that the officer himself recognized could well have resulted in a far more egregious injury," read the majority opinion.

That case is expected to be heard in coming months.

In another case, a homeless man, Stanley McQuery, claimed that an officer unleashed a police dog on him while ordering the dog to "eat him up." McQuery says he felt like he was being treated like a "runaway slave."

That case is now in limbo as McQuery has failed to file necessary court filings.

UPDATE 12/2, 8:40 a.m.

San Diego city councilmembers are expected to ratify the settlement during a council hearing on Tuesday, December 6. According to city documents included in the meeting agenda, the city agrees to pay Aceves $385,000 for the claim with money from the city’s Public Liability Fund. The amount includes court costs as well as attorney fees.

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

Feminist graffiti on Tijuana's cultural center

More visible than a march on city hall
Next Article

Henry Silva’s golden years

“Would you buy a used car from this son-of-a-gun?”
San Diego police K-9 unit being trained
San Diego police K-9 unit being trained

The City of San Diego is poised to settle a lawsuit brought by a man who was bitten by a police dog while he walking in a La Jolla canyon in the early hours of August 15, 2015.

According to the April 2016 complaint, police encountered San Antonio resident David Aceves in the middle of the night, walking naked through a canyon park in La Jolla. According to police, Aceves, 26, was visibly disoriented. Police officers released their police dog to subdue Aceves. The police dog bit him on the leg, resulting in what doctors called a "large degloving injury," in which a large piece of skin was torn from the underlying tissue. Aceves underwent multiple procedures and was required to stay in the hospital for more than two weeks.

On November 10, 2016, attorneys for Aceves and the city confirmed that a settlement was in the works and more time was needed to reach the final terms. Both sides agreed to submit a request for dismissal to the court no later than December 12.

The upcoming settlement is yet another instance where the use of police dogs in San Diego has been questioned in court.

In September of this year, a federal appellate court agreed to rehear an excessive-force lawsuit against San Diego's police force for siccing a canine on a woman while she slept in her Pacific Beach office. In that case, as reported by Courthouse News Service, Sarah Lowry went out for drinks in Pacific Beach after finishing work. Instead of driving home, Lowry returned to her office to sleep, inadvertently tripping a burglar alarm in the building as she did. Officers arrived at the scene and after not finding any burglars, they released their police canine, Bak. Bak found Lowry sleeping on an office couch and attacked. The dog bit Lowry on the lip, causing a large gash and severe bleeding.

A police officer at the scene, according to the report, later stated that Lowry was "very lucky" Bak did not rip her face off.

A judge on the appellate court wrote that while the use of police dogs serve a needed purpose, the use and severity of injuries should also be considered in such cases.

"In this case we must not rely on the plaintiff's 'luck' that she only ended up bleeding profusely from a cut lip rather than having her whole face 'ripped off' to excuse the conduct that the officer himself recognized could well have resulted in a far more egregious injury," read the majority opinion.

That case is expected to be heard in coming months.

In another case, a homeless man, Stanley McQuery, claimed that an officer unleashed a police dog on him while ordering the dog to "eat him up." McQuery says he felt like he was being treated like a "runaway slave."

That case is now in limbo as McQuery has failed to file necessary court filings.

UPDATE 12/2, 8:40 a.m.

San Diego city councilmembers are expected to ratify the settlement during a council hearing on Tuesday, December 6. According to city documents included in the meeting agenda, the city agrees to pay Aceves $385,000 for the claim with money from the city’s Public Liability Fund. The amount includes court costs as well as attorney fees.

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Feminist graffiti on Tijuana's cultural center

More visible than a march on city hall
Next Article

Carte Blanche and the 23-layer crepe cake

Do not attempt this at home
Comments
2

We're told that all is well with the SDPD; then there's another expensive settlement of a lawsuit. Gee, maybe things aren't so great after all. But we have a woman chief, don't we? The mayor seems content with the SDPD. No, folks, things in that department aren't so great. And a real reform would require a major shake-up at the top and a culture change within the ranks. That would require years, $ millions, and a major commitment of political capital from Kev-boy to just get started. San Diego keeps wanting to become a world-class destination city, yet it has this police department that keeps making bush-league mistakes and embarrassing the city. Notice I haven't mentioned the victims of the cops, such as all those women whom Arevallos abused, and the cost of that in dollars and credibility. Much needs to be corrected.

Nov. 18, 2016

A new taxpayer funded stadium is far more important than an upgraded police department. San Diego City leaders are bush league.

Nov. 19, 2016

Sign in to comment

Sign in

Art Reviews — W.S. Di Piero's eye on exhibits Ask a Hipster — Advice you didn't know you needed Best Buys — San Diego shopping Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits City Lights — News and politics Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Excerpts — Literary and spiritual excerpts Famous Former Neighbors — Next-door celebs Feast! — Food & drink reviews Feature Stories — Local news & stories From the Archives — Spotlight on the past Golden Dreams — Talk of the town Here's the Deal — Chad Deal's watering holes Just Announced — The scoop on shows Letters — Our inbox [email protected] — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Of Note — Concert picks Out & About — What's Happening Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Pour Over — Grab a cup Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Set 'em Up Joe — Bartenders' drink recipes Sheep and Goats — Places of worship Special Issues — The best of Sports — Athletics without gush Street Style — San Diego streets have style Suit Up — Fashion tips for dudes Theater Reviews — Local productions Theater antireviews — Narrow your search Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Waterfront — All things ocean Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close