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A lawsuit filed in Leon County Circuit Court alleges Tallahassee Police Department K9 \u201cKai\u201d bit a fellow officer from the FSU Police Department during a chase last year.(Tallahassee Police Department Body Cam Footage)<\/p>\nTALLAHASSEE, Fla. (WCTV) – A lawsuit filed in Leon County Circuit Court alleges Tallahassee Police Department K9 \u201cKai\u201d bit a fellow officer from the FSU Police Department during a chase last year.<\/p>\n
Matthew Foster, who represents the bitten officer, said his client has nerve damage on his dominant hand used to draw his gun. During the discovery process, Foster said he uncovered three total incidents in which K9 Kai bit fellow officers.<\/p>\n
\u201cThink about my client\u2019s a law enforcement officer, and he\u2019s chasing dangerous suspects, so he\u2019s got them in front of him and he\u2019s got to be on guard and protect himself from them,\u201d Foster said. \u201cAnd then he\u2019s got to worry about being attacked from behind by an attack canine.\u201d<\/p>\n
So far, the City of Tallahassee and the Tallahassee Police Department haven\u2019t responded to our request for comment. However, they have denied that the city, K9 or handler acted negligently during the chase. In response to the lawsuit, the city raised fourteen affirmative defenses.<\/p>\n
\u201cPlaintiff\u2019s alleged injuries are attributable to an intervening cause rather than any negligence on behalf of the City,\u201d one of the city\u2019s defense attorneys wrote in a filing.<\/p>\n
Foster asked his client not be named in this report, fearing retribution from a tight knit law enforcement community as he sues a fellow law enforcement agency. WCTV is also not naming the handler of the K9. <\/p>\n
\u201cMost police officers are good people and they\u2019re just trying to do their job and keep us safe. And so I want to help those people when they need help,\u201d Foster said. \u201cAnd you would think that the agencies that they\u2019re working for putting their life on the line with these agencies would support them.\u201d<\/p>\n
According to the complaint, the FSU PD officer was in pursuit of \u201ca fleeing suspect involved in a stolen vehicle case\u201d on March 12, 2025, just before 8 p.m.<\/p>\n
The complaint alleges K9 Kai was \u201creleased before properly assigning the bite command, got confused, and attacked the plaintiff instead of the suspect.\u201d<\/p>\n
A lawsuit filed in Leon County Circuit Court alleges Tallahassee Police Department K9 \u201cKai\u201d bit a fellow officer from the FSU Police Department during a chase last year.(Tallahassee Police Department Body Cam Footage)<\/p>\n
Body worn camera video provided by Foster shows the FSU PD officer exiting his car and screaming, \u201cpolice, stop!\u201d A taser is visible in his right hand, and the FSU PD officer begins to give chase. Shortly thereafter, K9 Kai is seen lunging at the officer. When the K9 bites, the FSU PD officer lets out an expletive.<\/p>\n
The dog appears to bite the FSU PD officer for about 5-10 seconds, before the handler appears and K9 Kai backs off. The FSU PD officer gives up on the chase and steps off to the side while the dog is corralled. <\/p>\n
Later in the clip, the officer is seen checking his arm before talking with someone who appears to be the K9 handler. He radios dispatch, saying he needs an ambulance. <\/p>\n
More Tallahassee news: <\/p>\n
The handler appears to walk up and ask, ” Are you alright? Did she get you twice?”<\/p>\n
\u201cYou\u2019ve got a strong dog though,\u201d the FSU PD officer said in the camera footage. \u201cI didn\u2019t know you all were out here.\u201d<\/p>\n
The TPD handler asks if the FSU PD officer saw him pass, to which the FSU PD officer responds, \u201cNo, I seen you pass me but I didn\u2019t see a K9 logo.\u201d<\/p>\n
\u201cI didn\u2019t see… you know the tunnel vision?\u201d the FSU PD officer says. When asked if \u201che\u2019ll be alright,\u201d the FSU PD officer responds, \u201cyeah I\u2019ll be alright.\u201d<\/p>\n
Another officer approaches, and the FSU PD officer explains the situation, including that he was bitten on his \u201cfunny bone.\u201d<\/p>\n
\u201cThe [expletive] dog went after me,\u201d he said. <\/p>\n
The K9 handler then provides his side of the story.<\/p>\n
\u201cHe jumped out and I bailed her [the dog], and she was locked on [the suspect] and then saw him [the fellow officer] and…\u201d before trailing off.<\/p>\n
\u201cI saw the dog and I\u2019m like ah [expletive], I\u2019m wearing black and I\u2019m running I\u2019m getting bit,\u201d the FSU PD officer recounts. The interaction ends when the officers go to check on another driver who\u2019s car was hit during the chase.<\/p>\n
Foster told WCTV he does not blame the dog, though he is worried if a civilian might be in the line of fire next. With three bite incidents against law enforcement, he wonders if the dog would be better suited for another job or if the dog\u2019s training is not adequate.<\/p>\n
In its legal responses, the City of Tallahassee admits K9 Kai bit the FSU PD officer, but denies responsibility. Foster said under the doctrine of \u201csovereign immunity,\u201d he and his client must prove the handler acted negligently.<\/p>\n
He went on to say that under Florida law, the most they can recover from the city is $200,000. Foster said the city is self-insured for these types of incidents.<\/p>\n
\u201cWe as citizens, there\u2019s no cap on our responsibility. If we do something wrong, we could be sued for millions of dollars, but the government, for some reason, can be negligent, careless, and they\u2019re protected from their own negligent actions,\u201d Foster said.<\/p>\n
He told WCTV he\u2019s become something of a dog bite expert in Tallahassee, in part because he was himself attacked by a dog when he was five years old. He said an incident like that has a lasting impact, though handling a case involving a bite to a fellow officer is a rare occurrence.<\/p>\n
The case has not yet gone to trial. The court docket shows pre-trial matters are still being discussed as recently as this week. Judge Angela Dempsey is overseeing the case, according to the clerk\u2019s website.<\/p>\n
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