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Federal jury deadlocks over Cedar Rapids teen bit by police dog in 2020
Mistrial declared, but lawyer for plaintiffs says he will pursue another trial
Jul. 7, 2024 5:30 am, Updated: Jul. 8, 2024 9:53 am
CEDAR RAPIDS — A federal civil trial ended in a mistrial in June, nearly three years after a Cedar Rapids woman filed a lawsuit against a Cedar Rapids police K-9 officer, asserting he used excessive force when his police dog bit her 13-year-old son, who was wrongly arrested in 2020.
According to jurors’ questions during deliberations, the jury said they couldn’t agree if Officer Nathan Trimble used excessive force on Aug. 12, 2020, for deploying his canine partner, Ace, who bit the teen’s upper arm, holding him for about 20 seconds before Trimble gave a release command to Ace.
The teen, identified as A.H., was wrongly arrested in a stolen vehicle incident and was never charged after being treated for lacerations to his arm.
TonyaMarie Adams, mother of A.H., through her lawyer, filed an open records petition for a copy of the body camera footage from the incident, which she shared with The Gazette in 2021 after filing her lawsuit. The lawsuit was transferred from Linn County District Court to U.S. District Court because it involved federal law claims.
Brad Kasper of Cedar Rapids, Adams’ lawyer, said after the mistrial he will retry the case, and a judge likely will set a new trial date at a status conference hearing, which has not been scheduled.
Trimble’s attorney didn’t respond to request for comment.
Adams’ lawsuit was the second lawsuit filed in 2021 against the Cedar Rapids Police Department and the city that involved Ace.
Howard T. Cones, who was homeless at the time, filed a lawsuit, asserting he was sleeping under a park picnic table bench around midnight July 12, 2018, when Ace “viciously attacked him.” The city settled the case for $50,000.
The city also was named in Adams’ suit, but U.S. Magistrate Judge Mark Roberts granted the defendant’s summary judgment in 2022 for all claims, except the use of excessive force against Trimble. The city at that time was dismissed from the suit.
Roberts dismissed the equal protection, negligence, racial discrimination and liability claims against the city. He also granted summary judgment to Trimble on racial discrimination, strict liability and negligence claims, and dismissed those from the suit.
In the summary judgment, Roberts went over the facts of the case, which included how the 13-year-old was misidentified as being part of a group of males who fled from a vehicle and were suspected of having firearms.
What happened
A Casey’s store at 501 Sixth St. SW was burglarized about 11:50 p.m. Aug. 11, 2020 — the day after the derecho — and three members of the Cedar Rapids police mobile assist team were patrolling that area, looking for suspects, according to the ruling.
The officers saw a blue Mazda with its lights off parked in the lot of another Casey’s in the area of 701 Ellis Blvd. NW.
The officers decided to investigate, but the Mazda left the parking lot as they approached, according to ruling. The officers followed and after the Mazda made multiple turns, the officers activated their vehicle’s emergency lights.
The Mazda didn’t stop and after several more turns, the Mazda struck a downed tree in an alleyway between Ellis Boulevard and Eighth Street NW. The driver and others in the vehicle got out and fled on foot.
There were downed trees in the area because of the derecho.
Two officers pursued the driver, later identified as “N.D.,” on foot and eventually caught him outside a house in the 1100 block of Eighth Street NW, the ruling stated. He was arrested, and officers found a 9 mm handgun in his fanny pack.
N.D. identified two others who were also in the Mazda, and Officer Trimble believed there was a “likelihood” the suspects could be armed because the two named suspects were known to carry guns.
Other K-9 handlers were called to assist, along with Trimble and Ace, according to the ruling. One of the K-9 officers gave the required warning over the patrol car’s PA system as they searched — asking the suspects to surrender because police dogs were being used and the dogs would bite them.
Another K-9 officer nearby also gave the warning.
As Trimble started out with Ace, he didn’t make any canine warning as he searched the neighborhood, not even after Ace alerted in one area.
One of the other K-9 officers gave warning when he moved his patrol car to Ninth Street NW, the ruling stated. Officers then saw an individual hiding under a car in the driveway in the 1100 block of Ninth Street NW, and a K-9 officer arrived and warned the individual that if he ran, he would be bitten by a police dog. The individual came out and was identified as one of those who had been in the Mazda.
Ace then alerted near the backyard of a residence in the 1100 block of Eighth Street NW, according to the ruling. Trimble did not give a canine warning as he and Ace approached a metal trailer in the backyard. Ace found an individual, later identified as A.H., under the trailer.
Ace bit the teen on the upper arm, which is consistent with the dog’s apprehension training, the ruling noted. Trimble moved toward the teen, commanding him to show his hands. Another officer assisted Trimble in securing the teen, while another officer checked the backyard with his firearm drawn.
After Trimble saw A.H. had nothing in his hands, he gave Ace the command to release his hold. Ace held A.H. for about 20 seconds.
The teen was arrested and taken to the hospital to receive treatment for the bite injuries. He was then released.
A.H. testimony
During the civil trial, the 13-year-old and his friend, “C.S.,” testified they had been at their friend’s house, waiting for the mother of C.S. to pick them up, according to Kasper. She was late because she tried to find a station selling gas after the derecho had knocked out power in all of Cedar Rapids, closing almost all the gas stations.
A.H. testified that he and C.S. were waiting on their friend’s front porch when they saw the police activity. They both are Black teens and didn’t feel safe, given the George Floyd death that had happened three months earlier in Minnesota, Kasper said.
A.H. testified he hid under the trailer and started falling asleep. He didn’t know about the police dogs in the area and didn’t hear any of the warnings made by handlers in other parts of the neighborhood.
Roberts, in his summary judgment, found the excessive force against Trimble should go to a jury because there is a question regarding whether the 13-year-old was unreasonably seized by Trimble’s dog, who bit him without warning.
Trimble didn’t give any canine warning, which is “undisputed,” Roberts stated. It’s also undisputed that the dog bit the teen’s arm and held on for 20 seconds. It’s contrary to Trimble’s argument that he didn’t give a warning due to officer safety because the other canine officers who had the same information and safety risks gave four canine warnings, he said.
Police dog, Ace, retired before Trimble partnered with a new dog, Ranger, in June 2023.
Comments: (319) 398-8318; trish.mehaffey@thegazette.com
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