Lopez v. City Of Irvington

2008 WL 565776 (D.N.J. Feb 28, 2008)

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Nature of the Case

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Facts

Ps filed a complaint that Ds failed to properly supervise a K-9 unit. Ps claimed that various suspected felons were mauled, maimed, and disfigured by Bullet, a canine under D’s control. Lopez (P) claimed that he was engaged in a burglary when Aleman (D) apprehended and arrested him. P alleges that D kicked him and held him down while Bullet tore flesh from his left arm. P claims that D ordered the dog to get him. After P was handcuffed and placed in the back of a patrol car, D released Bullet into the back of the car with the doors closed and watched as the dog tore into his body and left shoulder. McKenzie (P) alleges that he was observed exiting from a stolen vehicle and was apprehended and that after he was handcuffed D ordered the dog to attack him. Gresham (P) alleges a similar incident but it was the next day wherein P ran from the police, and the dog was ordered to get him. P also alleges that he was handcuffed and then assaulted again by the dog. Ds seek to sever because the claims do not arise out of the same transaction or occurrence. Ds also allege that they will be seriously prejudiced because each of the Ps will not be sequestered and thus have an opportunity to create similar testimony.