Rogers v. City of Kennewick

MEMORANDUM **

Defendants-Appellants the City of Kennewick, et al., and Richard and Jane Doe Dopke appeal the district court’s judgment following a jury verdict of unlawful seizure, the award of compensatory and punitive damages to Plaintiffs Kenneth and Mary Lou Rogers, and the district court’s grant of attorneys fees and costs to the Rogers.

1. Although Mr. Rogers was not the actual suspect that the police officers sought, the police K-9’s biting of Mr. Rogers constituted a seizure under the Fourth Amendment. See Brower v. County of Inyo, 489 U.S. 593, 596, 109 S.Ct. 1378, 103 L.Ed.2d 628…