At a Glance
- Case Type
- Settlement
- Parties
- Talmika Bates v. Ryan Rezentes, City of Brentwood
- Jurisdiction
- California, Contra Costa County
- Date
- 2024-11-15
- Status
- Settled
- Amount
- $967,000
The City of Brentwood, California, has agreed to pay $967,000 to resolve an excessive force lawsuit brought by Talmika Bates, whose scalp was torn by a police K-9 during a February 2020 arrest. Attorneys for Bates announced the settlement on Nov. 15, 2024. The Washington Post reported the figure as approximately $1 million, with Bates' attorney confirming the terms directly to the publication [1].
Bates, then 24, was suspected of shoplifting and hiding from officers in a set of bushes when a German Shepherd was deployed. The dog bit into her scalp and skull as she cried for help, according to the lawsuit Bates later filed against Ryan Rezentes, the dog's handler in the Brentwood Police Department [1]. Rezentes, a K-9 officer who was off-duty at the time, was called in to assist the search and deployed his German shepherd, named Marco, on Bates [2]. Court records and video show Rezentes allowed Marco to clamp down on Bates' scalp for roughly a minute [2].
Bates required more than 200 stitches, tissue rearrangement, and laceration repair. She has since been diagnosed with mild diffuse traumatic brain injury, mild post-traumatic brain syndrome, and post-traumatic stress disorder, according to her attorneys [3]. The settlement followed a federal court ruling, issued approximately six months prior, in which a judge stripped Rezentes of some qualified immunity protection, finding that the extended duration of the bite could be considered excessive force by a jury [3]. U.S. District Court Judge Rita Lin held that ordering a police dog to bite a person does not necessarily constitute excessive force, but sustaining such a bite for a prolonged period does [2]. Rezentes appealed the denial of qualified immunity on the duration issue, and the case settled while that appeal was pending before the U.S. Court of Appeals for the Ninth Circuit [4].
Brentwood Police Chief Timothy Herbert said the city and its insurance providers agreed to settle to avoid further litigation and appeal costs. Herbert noted in a statement that the district court had ruled Rezentes lawfully deployed the K-9 to search for and apprehend Bates under the Fourth Amendment [3]. Bates subsequently pleaded no contest to resisting arrest and misdemeanor grand theft. Rezentes has since retired from the department [2].
Civil rights attorney Adante Pointer, who represented Bates, described the outcome as the largest award for a police dog bite case of which he is aware [2]. The Brentwood Police Department currently has no active K-9 officers [3]. The settlement closes a case that surfaced recurring questions in California and nationally about the legal standard governing canine deployment duration and the scope of qualified immunity for K-9 handlers.
References
[1] The Washington Post. (2024, November 20). Woman who had scalp torn by police dog wins $1 million settlement. https://www.washingtonpost.com/nation/2024/11/20/police-dog-settlement-california/
[2] KTVU Fox 2. (2024, November 21). Brentwood pays woman $1M after police K-9 rips off her scalp: attorney. https://www.ktvu.com/news/brentwood-pays-woman-1m-after-police-k-9-rips-off-her-scalp-attorney
[3] The Associated Press via NBC News. (2024, November 18). Woman bitten in scalp by police dog settles for $1M with California city. https://www.nbcnews.com/news/us-news/woman-bitten-scalp-police-dog-settles-1m-california-city-rcna180719
[4] ContraCosta.news / Brentwood Police Department. (2024, November 16). Brentwood Police issue statement on $1 million settlement after K9 bite. https://contracosta.news/2024/11/16/brentwood-police-issue-statement-on-1-million-settlement-after-k9-bite/