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Man claims canine force was excessive

A Mower County resident's lawsuit says he was bitten by a police dog without cause.

December 26, 2007 at 3:00AM
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A man who says he was bitten by a Mower County police dog has filed a lawsuit alleging that authorities used excessive force during his arrest last year.

Bryan L. Musolf, 49, filed the action Dec. 5 in U.S. District Court in Minneapolis against the county and Sgt. Jeff Ellis, who handles Tazer, a Belgian Malinois that has won five national titles from the U.S. Police Canine Association.

Musolf said he was attacked by Tazer "without legal justification" and suffered permanent injuries during the incident in October 2006. He seeks more than $75,000 in compensation.

Mower County Sheriff Terese Amazi said that her office still hadn't examined the suit but that Musolf's allegations are unsubstantiated. Her office previously investigated a citizen's complaint filed by Musolf and concluded that Ellis and Tazer had followed proper procedures.

According to the suit, Musolf was at a residence in Waltham, Minn., that he and his wife own. When his wife arrived at the house, she told him to leave, citing an order for protection.

His wife called police, and Musolf said he left the house and waited in a nearby field until authorities arrived.

Musolf said he was told to stay on the ground, and he says he obeyed. Then he heard Ellis order Tazer to "get him," according to the lawsuit. Tazer bit Musolf on his right leg, and Ellis and another deputy had to pull Tazer off Musolf, the lawsuit said.

"Eventually, Ellis and another deputy pulled Tazer off Musolf, who watched as the dog chewed and then swallowed pieces of his flesh," the civil complaint said.

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The suit says Musolf still suffers "special damages including medical costs." It also claims Musolf's constitutional rights were violated. Mower County has paid for most of Musolf's medical bills, Amazi said.

According to the criminal complaint filed in October 2006 against Musolf, Ellis had ordered the suspect to lie on his stomach with his hands at his sides, and Musolf failed to comply. Tazer was ordered to apprehend Musolf, who rolled onto his stomach while the dog was biting his leg.

ASSOCIATED PRESS

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