In the United States Court of Appeals FOR THE SECOND CIRCUIT

AUGUST TERM 2020 No. 19-1765-cv

WILLIAM MCKINNEY, Plaintiff-Appellant,

v.

CITY OF MIDDLETOWN, THOMAS SEBOLD, POLICE OFFICER, JOSHUA WARD, POLICE OFFICER, AND MICHAEL D’ARESTA, POLICE OFFICER, Defendants-Appellees.

On Appeal from the United States District Court for the District of Connecticut

ARGUED: APRIL 8, 2021 DECIDED: SEPTEMBER 26, 2022

Before: CALABRESI, RAGGI, and MENASHI, Circuit Judges. *

*Judge Robert A. Katzmann, originally a member of the panel, died on June 9, 2021. Judge Reena Raggi was subsequently added to the panel. See 2d Cir. IOP E(b). Plaintiff-Appellant William McKinney appeals from the judgment of the United States District Court for the District of Connecticut (Covello, J.) granting the defendants’ motion for summary judgment on the ground of qualified immunity. McKinney argues that the defendant police officers violated clearly established law by purportedly using a police canine for a purpose for which it was not trained, failing to give McKinney a warning before releasing the canine, allowing the canine to continue biting McKinney after he ceased actively resisting, subjecting McKinney to a dog bite that may have lasted for two minutes, and otherwise improperly escalating the use of force. McKinney further argues that the district court erred by failing to construe disputed facts and draw reasonable inferences in his favor. We hold that McKinney has not shown that the defendant officers violated clearly established law of which a reasonable person would have known and conclude that the defendant officers are entitled to qualified immunity. We also hold that the district court did not commit reversible error in evaluating the defendants’ summary judgment motion. We affirm the judgment of the district court. Judge Calabresi dissents in a separate opinion.

ALEXANDRA ELENOWITZ-HESS (Noam Biale, Heather Yu Han, on the brief), Sher Tremonte LLP, New York, NY, for Plaintiff-Appellant.

THOMAS R. GERARDE (Beatrice S. Jordan, on the brief), Howd & Ludorf, LLC, Hartford, CT, for Defendants- Appellees.

2 MENASHI, Circuit Judge:

Plaintiff-Appellant William McKinney appeals from the judgment of the United States District Court for the District of Connecticut (Covello, J.) granting the defendants’ motion for summary judgment on the ground of qualified immunity. McKinney was arrested by officers of the Middletown Police Department in Connecticut for attempting to rob a Subway fast food restaurant. Following his arrest, the officers brought McKinney to the Middletown Police Department headquarters and placed him in a holding cell. After McKinney displayed concerning behavior, the officers decided to transfer McKinney to a padded cell. When the officers attempted to effect the transfer, McKinney threatened and attacked the officers, who used a baton, a police canine, and a taser to subdue him. When the officers secured McKinney in handcuffs, they withdrew the force and arranged for McKinney to be transported to the hospital for treatment of his injuries.

McKinney sued the officers under 42 U.S.C. § 1983, alleging excessive force in violation of his rights under the Fourth Amendment to the United States Constitution. The defendant officers moved for summary judgment, arguing that their use of force was objectively reasonable under the circumstances and that they were protected under the doctrine of qualified immunity. The district court granted the defendants’ motion, holding that the defendant of