Maurice Whigham sued the city and three Jacksonville Sheriff's Office officers after a police dog bit his foot during his March 2021 arrest on an armed robbery warrant at a Red Roof Inn. Whigham had slammed the door shut when officers knocked and refused repeated commands to exit, prompting officers to deploy Police Service Dog Jax. The dog engaged Whigham's foot as officers ordered him to lie face down on a second-story balcony, and the canine was not released until Whigham was handcuffed with three sets of restraints.
Judge Schlesinger found no underlying constitutional violation that could support municipal liability under Monell v. Department of Social Services. Writing for the court, Schlesinger emphasized that 'the force was objectively reasonable under the circumstances' given that Whigham 'was suspected of the violent felony of armed robbery' and 'the officers reasonably believed that Whigham posed an immediate threat to the safety of officers or others.' The court noted officers had described Whigham as 'a noted violent felon with a violent history against police, against citizens, and who has a current warrant for a violent felony.'
The court rejected Whigham's attempt to establish a pattern of constitutional violations, noting that 'only two of the thirteen listed incidents involved the use of canine force' and those occurred in January 2003 and July 2018—'too remote in time to establish a custom or practice.' Judge Schlesinger wrote that 'there is no evidence in the record that any of the listed incidents were valid' and concluded there was 'no evidence of any practice, custom, or pattern of excessive force using canines.'
The case arose from Detective William Jensen's investigation of a February 2021 armed robbery at the Red Roof Inn, which led him to identify Whigham as the suspect. Jensen obtained an arrest warrant, and on March 11, 2021, JSO officers served it using a canine team because of the 'reasonable belief that Whigham was armed and dangerous.' After Whigham refused to comply with orders to exit his room, officers deployed PSD Jax, handled by K-9 Officer Caleb Bumgarner.
Whigham argued the city maintained policies that tolerated excessive force, but the court found JSO's written policies 'comport with constitutional, federal, and state guidelines.' The policies require officers to use 'only the minimal amount of force reasonable to apprehend the suspect' and mandate disengagement 'as soon as possible after the suspect stops resisting and the suspect can be safely controlled.' Judge Schlesinger noted the policies were consistent with Graham v. Connor factors and other constitutional standards.
The court also dismissed Whigham's failure-to-train theory, finding 'substantial evidence of the training by JSO' in canine deployment, use of force, and investigations. JSO requires canine handlers to complete FDLE's 480-hour Basic Canine Handling Course and conform to state training standards. The court noted that even if JSO trained officers not to release dogs until suspects are handcuffed, this 'would not cause any constitutional violation' because officers 'would place themselves at risk' if they released the dog prematurely.
Judge Schlesinger granted summary judgment on all state law claims as well, finding no evidence of excessive force and noting that 'the negligent commission of an intentional tort, such as the use of excessive force, is a legal impossibility.' The court also rejected claims for negligent hiring and retention, noting the city would be immune from such claims involving police training and public safety decisions.