MONTGOMERY, Ala. (AP) — The family of Joseph Pettaway, who was killed by a police dog in Montgomery, Alabama, has settled their federal lawsuit against Officer Nicholas Barber, who handled the K9 involved in the fatal incident. However, their attorneys announced Friday that they intend to appeal a court ruling that absolved the city of any responsibility.
The confidential settlement was finalized in July, closing the lawsuit filed in 2019 against Barber, whose K9 attacked and killed the 50-year-old Pettaway in 2018.
According to court documents, Pettaway was asleep in a small house where he worked as a handyman when police responded to a report of an unknown occupant. Upon arrival, Barber released his dog into the home, where it located and bit Pettaway in the groin. The attack severed Pettaway’s femoral artery, leading to his death as he bled out outside while waiting for paramedics.
Griffin Sikes, the family’s attorney, expressed hope that the settlement would bring some closure to the family. “I hope that the case for the family brings some closure for something that is a long time coming,” Sikes said.
The Associated Press has documented numerous cases across the U.S. where non-lethal police tactics have resulted in fatalities. Pettaway’s case is included in this nationwide database.
The lawsuit also named the City of Montgomery and its then-police chief, Ernest Finley, accusing them of failing to train officers to administer first aid. Sikes argued that responsibility for medical care during arrests lies with the city and not the individual officers. “The Supreme Court has decided that cities and counties are responsible for administering medical care when they arrest somebody,” Sikes said. “We think they failed to do that in this case, and it is not a failure of the individual officers, but a failure of the city that says you’re not to provide medical care.”
Claims against the city and Finley were dismissed, but the Pettaway family plans to appeal this decision.
Attorneys for Barber, Finley, and the City of Montgomery did not respond to The Associated Press’ request for comment.
Body camera footage of the incident has not been made public. The Pettaway family and their lawyers fought for years to access the recordings. A judge ruled in favor of the city, which argued that releasing the footage could lead to protests and jeopardize the safety of law enforcement and the public. U.S. Magistrate Judge Jerusha T. Adams suggested that the family seemed to be trying the case “in the informal court of public opinion, rather than in the courtroom.”
Riddle reported from Montgomery. Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.