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Originally published Sunday, December 28, 2008 at 9:20 PM

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Court upholds award for man bitten by police dog

A federal appeals court has ruled that a Washougal man was properly awarded more than $1.5 million after he was bitten in 2003 by a Kennewick police dog.

KENNEWICK, Wash. —

A federal appeals court has ruled that a Washougal man was properly awarded more than $1.5 million after he was bitten in 2003 by a Kennewick police dog.

The ruling last week by the 9th U.S. Circuit Court of Appeals upholds a 2007 jury verdict in favor of Ken Rogers, plus a judge's decision to increase the award to cover court costs.

Rogers had sued the city of Kennewick, Benton County and four law enforcement officers. He argued that his constitutional rights against unreasonable seizure were violated when the officers allowed a police dog to enter a backyard and attack him.

The case stemmed from a minor traffic case in the early hours of July 13, 2003. Police were looking for a person riding a Moped without a helmet or headlight.

Rogers, who was in Kennewick to visit family, was asleep in a backyard.

Deke, a police dog, followed a wrong scent into the yard. Believing Rogers was the suspect, Deke latched onto him and in the struggle bit him several times on the hand, back, neck and face while three officers beat him, leaving him with some permanent injuries.

The case could now be appealed to the U.S. Supreme Court.

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Information from: Tri-City Herald, http://www.tri-cityherald.com

Copyright © 2008 The Seattle Times Company

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