The U.S. Court of Appeals for the Second Circuit recently decided an important case involving police canine force. In McKinney v. City of Middleton, 49 F.4th 730 (2d Cir. 2022), the court held, 2-1, that qualified immunity protected police officers who directed a police canine to “bite and hold” the arrestee for over two minutes. The court found that under the circumstances the police canine force did not violate clearly established Fourth Amendment law.

Judge Steven Menashi wrote the opinion for the court, joined by Judge Reena Raggi; Judge Guido Calabresi wrote the dissent, urging the abolition of qualified immunity.

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