Albuquerque - A federal jury has vindicated Bart the police dog, his handler and another former police officer in a lawsuit challenging how the city uses dogs to subdue people.
Jurors returned the 6-2 verdict Friday in favor of Officer Andrew Lehocky, who released Bart on Jimmy Castillo two years ago on orders from a supervisor and now-retired officer Michael Schaller.
Castillo's attorney, Sam Bregman, said no decision had been made whether to appeal.
Castillo filed a civil rights lawsuit against the city last year, alleging excessive force in April 2000 in connection with dog bites and Air Taser injuries he received when officers arrested him after an all-night SWAT situation at his home.
His wife had called police from a neighbor's home and said he had threatened suicide. According to testimony, Castillo - who suffers from a terminal illness and manic depression - had been drinking and arguing with family members.
The lawsuit alleged police released the dog and zapped Castillo with an Air Taser as he stood in his front yard, unarmed and ready to talk to his pastor. Castillo, who was never charged with a crime, sought unspecified damages.
An Air Taser shoots tiny electric wires that deliver thousands of volts of electricity, incapacitating the person.
Castillo was hospitalized for a week for dog bites and torn flesh from the Taser's electric copper wire, according to court records.
Lawyers for Lehocky and Schaller said the officers were controlling a violent situation that contained a suicide threat, a shot fired inside Castillo's home and armed threats to police.
"Although he was threatening to take his own life ultimately it was the police officers on the scene who saved him from his own life-threatening action," said Luis Robles, an attorney for Lehocky.
Bregman has two more cases pending that allege excessive force by Lehocky.
Robles said six cases have been filed against Lehocky, and he's defending all of them.
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