Two United States Marshals and the United States Government are defendants in a civil rights case involving the unreasonable use of police force by way of the unannounced deployment of a police “bite and hold dog“ inside of a home located in Prince George’s County, Maryland, during the execution of an arrest warrant. The police dog was unleashed and without any verbal announcement, as required by law, was permitted to proceed in to a bedroom containing an unarmed pregnant woman (our firm’s client), an unarmed man and an infant, where it proceeded to maul the pregnant woman (our firm’s client), causing her bodily serious injuries requiring immediate medical attention.
The case involves a total of six claims against the defendants. Five claims were brought forth against the United States of America under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346 and one claim was brought forth against the two United States Marshals Service officers under a Supreme Court case known as Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).
After the submission of lengthy motions on the matter of dismissal, Judge Deborah K. Chasanow of the United States District Court for the District of Maryland issued an opinion on April 05, 2021, permitting the survival of four out the six claims brought by Plaintiff. The claims permitted to proceed were the Bivens claim against the two United States Marshals Service officers, and Plaintiff’s FTCA claims of battery, false imprisonment and the intentional infliction of emotional distress against Defendant the United States of America.
The case is Orellana v. United States et al. (case no. 8:20-cv-00845-DKC), currently pending in the United States District Court for the District of Maryland and the opinion referenced above can be read here: PDF of Judge Chasanow’s Opinion.
This is a big win for our client and for justice.