The U.S. Court of Appeals for the Fifth Circuit has reversed a ruling permitting a civil claim against a K-9 police officer for excessive force for allowing his Belgian Malinois to continue biting an arrestee after he’d already surrendered.

The recent decision, Escobar v. Montee, concerns a police chase that occurred after Israel Escobar assaulted his wife and fled with a knife. After noticing police vehicles at his home, Escobar fled into the night and was found hiding in neighbor’s backyard.