The Family of the Man Whose Police Dog Killed Him Agrees to Drop Their Case Against the Officer
MONTGOMERY, AL— The family of a man killed by a police dog in Montgomery, Alabama, has agreed to drop their federal case against the officer who cared for the dog. However, on Friday, their lawyers said they would appeal a decision that the city was not responsible.
In July 2019, a confidential settlement was made in the 2019 lawsuit against Montgomery officer Nicholas Barber. Barber was in charge of the K9 that attacked and killed Joseph Pettaway, who was 50 years old at the time.
According to court documents, Pettaway was sleeping in a small house where he worked as a handyman when police reacted to a call about an unknown person living there. As soon as the police came, Barber let the dog into the house, where it found Pettaway and bit him in the groin.
An investigation showed that the bite cut Pettaway’s femoral artery. The family’s complaint says that officers took Pettaway outside, where he bled out while they waited for medics.
Their lawyer, Griffin Sikes, said, “I hope that the case brings some closure for the family for something that has been a long time coming.”
The Associated Press has looked into and reported on thousands of cases across the U.S. where police actions that were thought to be non-lethal have killed people. Pettaway’s case is in the national database.
r
The case also named the City of Montgomery and Ernest Finley, who was the police chief at the time. It said that the officers had been taught not to give first aid.
Sikes said, “The Supreme Court has said that cities and counties are responsible for giving medical care to people who are arrested.” “We think they didn’t do that in this case. It’s not the fault of the officers; it’s the fault of the city that says you can’t give medical care.”
The claims against the city and the chief were thrown out, but Sikes said that the Pettaway family plans to file an appeal.
The lawyers for Barber, Finley, and the City of Montgomery did not answer an email from The Associated Press on Friday morning asking for comment.
The records from the body cameras that showed what happened have never been made public. They didn’t get to see them for years because the Pettaway family and their lawyers were in court. According to the city, making them public could lead to “protests that could put the safety of law enforcement officers, the public, and private property at risk.” The judge agreed with the city.
It was said by U.S. Magistrate Judge Jerusha T. Adams that the family was “trying to try this case in the informal court of public opinion rather than in the courtroom.”