Benjamin Benfer v. City of Baytown, Texas, et al.
SocialSecurity DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarmed and subdued, and the Fifth Circuit bucks the great weight of authority from other Circuit Courts of Appeals
1. Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarmed and subdued, and the Fifth Circuit bucks the great weight of author-ity from other Circuit Courts of Appeals. 2. Whether this Court should correct the Fifth Circuit’s departure from this Court and other Circuit Courts of Appeals with respect to allowing a detention and arrest where the officer did not need to make a stop at all in order to investigate the claimed justification of the stop, and the detainee was merely trying to return home. 3. Whether this Court should correct the Fifth Circuit’s departure from the other Circuit Courts of Appeals with respect to a City’s lack of adequate training and policies in a known problem area. 4. Whether this Court should revisit the propriety of the qualified immunity defense.