Tilson v. City of Elkhart

ORDER

Johnny Tilson sued the City of Elkhart, Indiana, and Elkhart police officer Mark DeJong under 42 U.S.C. § 1983 for violating his Fourth Amendment right to be free from unreasonable seizures after DeJong’s K-9 bit and held Tilson while Tilson was trying to evade arrest. The district court granted summary judgment to Elkhart and DeJong. Tilson appeals, and we affirm.

I. Background

Tilson got off work at 2 P.M. on October 15, 1999, and started partying. Tilson drank heavily the entire afternoon and into the early evening hours. Around 8:30 P.M., K-9 Officer DeJong was on routine patrol duty…