A federal judge has ruled that a jury should decide the legality of a Brentwood police officer’s failure to call off his K9 dog after a woman suspected of retail theft surrendered to the authorities. The ruling opens the possibility of a civil trial or potentially a higher settlement in the case, according to court records.
U.S. District Judge Rita Lin’s 24-page order highlights that Officer Ryan Rezentes waited 40 seconds before calling off his K9, named Marco, after Talmika Bates informed the police that she was coming out of a bush where she had been hiding. During this time, the dog repeatedly bit Bates, causing severe injuries, including a scalp wound, as documented in court papers.
Judge Lin’s order was in response to a motion filed by attorneys representing the Brentwood police, who sought a judgment in their favor. They argued that Rezentes was lawfully detaining Bates, who was suspected of being involved in a theft of $10,000 worth of beauty products from a Brentwood shopping center. The defense claimed that Bates failed to surrender or make her presence known to the officers, despite being aware of the presence of a police dog nearby.
Attorney Noah Blechman, representing the city of Brentwood, stated in legal filings that Bates was on the phone with her mother just before the dog made contact with her, warning her mother about the impending dog bite. Blechman further asserted that the entire biting incident lasted approximately 60 seconds, Rezentes could not see Bates in the shrubbery, and that Bates received immediate treatment for her “superficial injuries.”
Civil rights attorney Adante Pointer released a written statement describing the incident as a “grotesque case of police abuse” and emphasizing Bates’ fortunate survival. Pointer added that law enforcement agencies should take note that using canines to administer street justice is unlawful.
Bates later pleaded no contest to obstructing police, resulting in a 120-day jail sentence. However, Judge Lin’s order emphasizes that the core of Bates’ lawsuit lies in the period after her obstruction ended, specifically when she agreed to come out of the bush but continued to be attacked by the police dog.
According to Lin’s order, Rezentes issued a single release command, which the dog apparently ignored amidst the chaos of other officers yelling. When Bates surrendered a few seconds later, Rezentes waited an additional 40 seconds before repeating the release command. The video evidence also shows that Rezentes did not raise his voice or repeat the order more forcefully but allowed the dog to continue biting Bates while she screamed and cried, as detailed by Judge Lin.
1 Response
This situation is like a game of tag gone wrong. Imagine a group of kids playing tag in the park, and one of them is accused of stealing a toy. The accused child realizes they are caught and surrenders by standing still with their hands up. However, instead of the other kids stopping the game and acknowledging the surrender, one of them continues to chase and tag the accused child. In this case, the federal judge is saying that it’s up to a jury to decide whether the child