Federal judge greenlights civil lawsuit against Brentwood officer whose dog scalped woman after she surrendered

SAN FRANCISCO – A federal judge has ruled that it should be up to a jury to determine the legality of a Brentwood officer’s failure to summon his dog after a woman suspected of shoplifting surrendered to police, which paved the way for a civil lawsuit or an appeal. settlement, court records show.

The 24-page order from U.S. District Judge Rita Lin notes that Brentwood Officer Ryan Rezentes waited 40 seconds before firing off his K9, Marco, after prosecutor Talmika Bates told police she was coming out of a bush where she was blocked. During those 40 seconds, the dog repeatedly chewed on Bates, effectively scalping her, court papers show.

“A reasonable jury could conclude that Rezentes could have safely completed the arrest without the dog having to continue biting Bates after her verbal surrender, and that a reasonable officer would have repeated the release order sooner,” Lin wrote in her order.

Lin’s order was in response to a motion by attorneys for the Brentwood Police Department, who sought judgment in their favor. They argued in a motion that Rezentes attempted to lawfully detain Bates, who was suspected of stealing $10,000 worth of beauty products from a Brentwood shopping center with two others and hid in a bush to escape police.

“Bates knew a dog was in the area, but she failed to surrender or make her presence known to officers. Notably, just before the dog made contact with Bates, she was on the phone with her mother and her mother advised that ‘a dog is coming to bite me,’” Noah Blechman, an attorney representing the city of Brentwood, wrote in legal files. He added that the entire bite lasted about 60 seconds, that Rezentes could not see Bates in the “brush,” and that Bates was immediately treated for her “superficial injuries.”

A photo of Bates’ head wound included in the lawsuits shows she suffered a large, gaping wound several inches wide covering much of the top of her head.

Adante Pointer, a civil rights attorney, released a written statement calling it a “grotesque case of police abuse.”

“Ms. Bates is fortunate to have survived such a dangerous and traumatic incident. Police are now aware that the use of their canines to enforce street justice is illegal,” Pointer wrote.

Bates later pleaded no contest to obstructing police to a 120-day jail sentence, court records show.

But Lin’s order notes that the crux of Bates’ lawsuit begins when her crime of obstruction ended — specifically, when she agreed to come out of the bush but was attacked by the dog anyway. Per Lin’s command, Rezentes shouted a single release command, while other officers shouted things that the dog apparently ignored. When Bates surrendered a few seconds later, Rezentes waited 40 seconds before calling the release command again, Lin wrote.

“The video also shows that when the command was ineffective, Rezentes did not repeat the command or say it louder, but instead allowed the dog to continue biting Bates as she screamed and cried,” Lin wrote. That scream also included cries from Bates for her “mama” and that “my whole brain is bleeding.”

A trial date has not yet been set.