MESQUITE, Texas — A man has filed a lawsuit against the city of Mesquite claiming one of the city's police officers negligently allowed his K9 dog to bite and injure him after he had already surrendered.
The incident occurred March 29, 2020, in Garland, the suit details, where Anthony Wagner was reportedly injured and permanently scarred by the police dog.
Because of the attack, Wagner suffered permanent scars on his head, arms and upper back, and needed stitches on the back of his head, according to the lawsuit.
The suit quotes the police report at the time, which acknowledges the use of force was unnecessary and unreasonable and that Mesquite officer Jason Crawford was in control of the K9, named Kozmo, at the time and that Kozmo lunged out and bit Wagner.
"Officer Hanks observed K9 Officer Crawford fall down with the force of K9 Kozmo suddenly lunging and observed K9 Officer Crawford immediately begin to pull K9 Kozmo away from the suspect," the report detailed.
The report also states officers requested the Garland Fire Department to come to the scene to treat Wagner's injuries where he had been bit.
"As a result of K9 Kozmo’s attack, Mr. Wagner suffered severe pain where the K9’s teeth tore into his flesh, ripping open wounds that would result in permanent scarring on Mr. Wagner’s body," the suit states.
The suit claims the city was on notice of civil liability in this case due to Kozmo's unintentional bite, citing the police department's potential for civil suit report, and that Crawford had stated in the report that the bite was unintentional.
In a memorandum from March 29, 2020, the lawsuit states Crawford admitted to his negligent use of Kozmo and that he failed to properly control his lead.
"The extremely dark environment, my belief that I had allowed enough room to safely get by Mr. Wagner, and my fall over PSD Kozmo when he cut in front of me all contributed to this outcome," the memorandum states. "That being said, the conditions and distance are things I should have anticipated and accounted for."
Wagner's suit is demanding a trial by jury and is seeking up to $250,000 in monetary relief.
The city of Mesquite was reached for comment, but City Manager Cliff Keheley said it does not discuss active litigation.
