title
CHERON HAMPTON-BATES, PERSONALLY AND AS NATURAL GUARDIAN OF BRYCE BATES, A MINOR V. THE CITY OF GAINESVILLE, FLORIDA, A MUNICIPAL CORPORATION, AND CPL. TIMOTHY DURST, IN HIS INDIVIDUAL CAPACITY, COURT CASE NO. 1:12-CV-00174-MP-GRJ
recommendation
The City Commission 1) approve the terms of the negotiated settlement; and 2) authorize the City Attorney to settle the claims of Cheron Hampton-Bates and Bryce Bates resulting from an incident that occurred on June 16, 2010.
explanation
On June 16, 2010, at approximately 3:30 in the afternoon, Corporal Timothy Durst, a canine officer with the Gainesville Police Department, responded to a reported burglary in progress. The suspects were described as two teenage Hispanic males and a teenage Hispanic female.
Corporal Durst drove into an apartment complex behind the scene of the reported burglary, and observed an individual on a bicycle appearing to flee away from him. Bryce Bates, a 10-year old, African-American male, was riding his bicycle to the mailbox at his mother's request when Corporal Durst arrived at the scene. Bates turned away from the police vehicle, fell to the ground and ran in the opposite direction of Corporal Durst, toward his home. Corporal Durst called for Bates to stop, Bates continued to run, and Corporal Durst released his canine. Corporal Durst acted under the suspicion that Bates was one of the reported burglars. The police dog chased Bates to the door of his apartment, caught him and bit him. On the other side of the screen door, Bates' mother watched helplessly as the dog pinned Bates against the door. Both Bates and a neighbor would testify that they did not hear Corporal Durst's directions or warnings. Ultimately, there was no evidence connecting Bates to any criminal activity.
Bates and his mother filed suit against the City and Corporal Durst individually. They alleged civil rights and battery counts against the City and false arrest, excessive use of force and inflictio...
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