A woman from Washington state is taking her fight against Pierce County and a sheriff's deputy to trial after a federal judge rejected the county's attempt to have her lawsuit dismissed for a fourth time. Jenni Ellis, 39, has accused Deputy Levi Redding and the county sheriff's department of using excessive force when a police dog under Redding's control allegedly mauled her, as reported by The Seattle Times.
The incident in question took place in March 2019 when deputies responded to a domestic violence call involving Ellis. During the encounter, Ellis hid under a boat trailer, where she was subsequently bitten by K-9 Zepp. According to Ellis' boyfriend's deposition, a deputy was overheard saying they would "teach [Ellis] a lesson," sparking allegations that the use of the K-9 was to serve as a deliberate punishment. Despite the county's claims that the deputy was speaking only of jail, U.S. District Judge Benjamin Settle ruled that it was up to a jury to properly decide. The Gazette Extra relayed the county's stance that the deputy had merely intended to take Ellis into custody, not to have her bitten by the dog.
The legal contention at the heart of this trial is whether the deployment of K-9 Zepp constituted an illegal seizure and whether the force used was necessary. Judge Settle's decision emphasized that the allegations of illegal seizure, excessive force, and negligence were serious enough to merit a jury's examination, as they raise questions about Deputy Redding's credibility and intentions, as The Herald Palladium summarized the legal perspective. The defense insists that the K-9 unexpectedly darted and bit Ellis, while Ellis maintains that she did not hear any warning about the dog's release.
Further complicating the matter is Deputy Redding's testimony, indicating he warned that Ellis could be bitten if she didn't surrender. However, the judge queried the proportionality of such a response, given Ellis was unarmed and not a clear threat. In what has become a pivotal point in this case, the notion that Redding allowed the dog to continue its attack raises serious questions about the deputy's claimed intent and the reasonable use of force in this situation.
The trial is expected to hold Pierce County and Deputy Redding accountable for what Judge Settle described as actions that defy "reason and common sense," particularly concerning Redding's choice not to immediately stop the dog from biting Ellis. Prosecutors from the county have refrained from commenting on pending litigation, leaving it now to the jurors to sift through the allegations and defendances that have been laid before them.
