Purtee warned Zuress that he would deploy the dog if she did not comply. Instead, Zuress argued with Purtee, waved her hands around, and reached down towards her waistband, adjusting her shirt or pants. Further, she did not follow Purtee’s command to walk backwards towards him. Zuress’s noncompliance continued as she turned back around and faced the officers. City of Newark to “face away” five times before she turned around. 2 Purtee directed Zuress to step out of the vehicle three times before she exited the vehicle. But Zuress did not comply Purtee directed Zuress 1 Multiple video cameras captured the material facts of this case. 2 For the safety of the officers, Purtee ordered Zuress to turn around. Purtee commanded the driver, plaintiff Zuress, to exit her vehicle and when she did she was facing the officers. As Burris, Hunt, and Ike pulled up behind Purtee’s cruiser, Purtee assumed a shooting stance and used his driver’s side door as cover. While the Jeep was fleeing the scene, another officer-Jon Purtee-intercepted it and pulled it over. Thereafter, once Burris and Ike returned, they drove with Officer Hunt after the Jeep. About nineteen seconds after the Jeep stopped, and before Burris and Ike returned, the Jeep drove away without authorization. However, Burris and Ike were unable to track Grooms because they did not have their tracking equipment. While Grooms was fleeing, Burris got out of the police cruiser and deployed Ike. Once the vehicle finally stopped, Grooms abruptly opened the driver’s side door and fled.

After the Jeep committed a traffic infraction, Officer Hunt turned on the cruiser’s emergency lights.1 The Jeep slowed down, but it passed multiple areas where it could have safely stopped. There, Burris saw the Jeep leave the house and followed it. Burris, Ike, and Hunt then drove to the residence to surveil it. While patrolling, Burris received a tip from a confidential informant that Grooms had arrived at his sister’s residence in a tan Jeep Renegade and had entered the house. On the day of the incident at issue, Burris was patrolling with his police dog-Ike-and Officer April Hunt. After a confidential informant told Burris that Grooms had been staying at his sister’s residence, police also monitored it in order to detain Grooms. City of Newark told Burris that some detectives wanted to talk to Grooms about an armed robbery. At the same time, they were looking for Jeff Grooms-plaintiff Zuress’s boyfriend and the brother of a resident of that house-because he was the subject of an outstanding warrant for unpaid child support. City of Newark police were surveilling a house in Newark, Ohio, because a confidential informant had told them it was a drug house. For the reasons expressed below, we affirm. The district court granted summary judgment in Burris’s favor on the basis of qualified immunity and Zuress appeals. § 1983 action, alleging a Fourth Amendment excessive-force violation for both (1) deploying the dog and (2) allowing the dog to continue its bite. Defendant Officer Dave Burris used a police dog to help arrest plaintiff Ashley Zuress. HUNT, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO BEFORE: BOGGS, GRIFFIN, and LARSEN, Circuit Judges. ) ) CITY OF NEWARK, OH OFFICER DAVE ) BURRIS, in his individual and official capacities, ) ) Defendants-Appellees. 19-3945 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ASHLEY ZURESS, ) ) Plaintiff-Appellant, ) ) v.

NOT RECOMMENDED FOR PUBLICATION File Name: 20a0306n.06 No.

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