Court allows lawsuit against deputies for dog attack

A federal appeals court has ruled that two sheriff's deputies from Douglas County can be sued for using excessive force after their police dog bit a man in his home. The incident happened when the deputies responded to a report of a possible break-in at Tyler Luethje's house in Highlands Ranch. According to Luethje's lawsuit, the deputies sent their dog through a broken window without checking if it was safe. The dog found Luethje, who was in his bedroom, and bit him, causing severe nerve damage. Luethje screamed to the deputies that he lived there, but they handcuffed him and later searched his home without a warrant. The deputies claimed they acted reasonably based on the 911 call from a passerby, who suggested the person breaking the window might be locked out of his house. However, a district judge dismissed their claims for qualified immunity, which typically protects government officials from lawsuits unless clearly established rights are violated. In a decision on March 19, 2025, a three-judge panel of the 10th Circuit Court agreed that the deputies acted unreasonably. Judge Carolyn B. McHugh stated that the deputies did not have enough evidence to believe there was an actual emergency that justified sending the dog in. Without any investigation or indication of danger, their actions could lead to harming innocent individuals, including children. The panel's ruling supports the lower court's decision. Luethje can now proceed with his lawsuit against the deputies. The case emphasizes the importance of reasonable actions by law enforcement in emergency situations.