Man Bitten by Police Dog Loses Lawsuit

A jury has exonerated the Ventura County Sheriff’s Department of misconduct alleged by a man suspected of fishing without a license who was bitten repeatedly and subdued by a police dog.

The jury in the two-week U.S. District Court trial on Monday ruled in favor of the Sheriff’s Department, denying Dennis Simon’s request for $240,000 in damages.

Simon alleged that excessive force was used in the 1988 arrest, which left him hospitalized with severe bite wounds to the arm, lower leg and torso.

“Essentially, the jury just rejected the claims of excessive force,” said Alan E. Wisotsky, the attorney representing the Sheriff’s Department.

Simon, of Moorpark, was fishing with four friends at Lake P iru on May 31, 1988, when state Fish and Game Warden Ernest Acosta approached them and asked to see their fishing licenses.

The men said they did not have the licenses with them. When Acosta told them that he was going to cite them, they fled in a truck, Wisotsky sasid.

Acosta called for help, and sheriff’s Deputy Michael Horne responded with the German shepherd that he had been trained to handle. Wisotsky said. Two other deputies also arrived to give assistance.

When Horne pulled the truck over on the side of California 126, Simon became belligerent and refused to follow Horne’s orders. He advanced on Horne, threatening him, the dog and Acosta, according to testimony.

Simon swung at the dog, striking it in the face. Horne released the dog.

When Simon grabbed the dog in a headlock, Acosta and Deputy Todd Hawley struck him several times to free the dog, Wisotsky said.

The department has five dogs in its canine unit that it uses to protect officers and track suspects, said Lt. Joel Oksner of the Ventura County Sheriff’s Department.