Israel Escobar v. Lance Montee

JERRY E. SMITH, Circuit Judge:

Israel Escobar assaulted his wife and fled from the police with a knife. While chasing him, the police were informed-by Escobar's mother-that they would have to kill him to get him. The police eventually found Escobar in a backyard and released a dog to capture and hold him. Escobar was bitten by the dog until fully handcuffed by the police, even though he avers that he dropped the knife and lay flat on the ground once discovered. Because he claims he was trying to surrender, Escobar contends that both the initial bite and the continued biting were excessive…