GBB’s Robert Bennett, Andrew Noel and Marc Betinsky Prove Section 1983 Dog Bite as a Matter of Law

Attorney Andrew S. Birrell Sworn In as Treasurer of Nation’s Criminal Defense Bar
August 8, 2018

In an important 20 page opinion, Chief Judge of the United States District Court for the District of Minnesota, John R. Tunheim, ruled in favor of GBB’s client, Desiree Collins, stating that this “is the very rare § 1983 case where the plaintiff has proved her case as a matter of law.” Collins was taking her trash out in the early morning hours of September 23, 2017 when she was attacked by St. Paul Police officer Thaddeus Schmidt’s K-9 partner, Gabe. The Opinion granted Collins’ Motion for Partial Summary Judgment holding there was no genuine dispute of material fact that Collins was seized or that the seizure was unreasonable. Judge Tunheim further denied Defendant’s Motion for Summary Judgment. The case is to proceed to trial regarding damages to Collins. The Opinion can be read here: Collins August 9, 2018 Opinion

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