On December 19, 2008 Brooklyn Park police executed a traffic stop in response to an arrest warrant issued for Demone Smith. Smith was indicted for distribution of narcotics and was believed to be armed and dangerous. During the traffic stop, Officers used a loud speaker and repeated a series of commands to Smith. Smith refused to comply with Officers’ commands. A Brooklyn Park Canine Officer was requested for assistance. Officers warned Smith a canine would be sent if he continued to defy commands, yet Smith refused to walk toward the Officers as directed. Based on the high risk felony stop and Smith’s non-compliance, Officers deployed the canine to apprehend Smith. Smith suffered minor injuries as a result. Smith sued the Brooklyn Park Canine Officer alleging excessive force. On April 28, 2015, following a jury trial, judgment was entered in favor of the Brooklyn Park Officer. The jury determined the Officer acted reasonably in regard to the circumstances posed by the traffic stop and the canine was reasonably necessary to assist in bringing Smith under control of Officers.
The Brooklyn Park Officer was represented by Nathan C. Midolo.