He says he was sleeping when a police dog attacked him. A jury rejected his lawsuit

Fresno police got another legal victory Thursday when a civil jury sided with two officers who sicced a dog on businessman Cesar Rodriguez three years ago after police say he pushed his ex-wife in front of their children.

The Fresno County Superior Court jury deliberated about two hours before deciding Rodriguez should get no money in his civil rights lawsuit against the Fresno Police Department.

The verdict marks the fourth time in recent months that the city has had to pay little or no damages in connection with a civil rights lawsuit.

Wearing his dress uniform, Chief Jerry Dyer and other officers attended Thursday’s closing arguments in support of officers Steven Gonzales and Geoff Tushnet, who were accused of using excessive force for unleashing a German shepherd named Kubo on Rodriguez in April 2014.

After he was bitten, Rodriguez was arrested on charges of domestic violence and resisting arrest and taken to a hospital.

In his civil rights trial, Rodriguez testified that he never pushed his ex-wife and was sleeping in his office when the police dog attacked him. He contended that Tushnet and Gonzales ordered Kubo to maul him, leaving deep gashes in his left arm. Rodriguez spent three days in Community Regional Medical Center after doctors performed surgery on his severely damaged limb, said San Francisco attorneys Beau Burbidge and Walter “Skip” Walker, who represented Rodriguez.

In closing arguments on Thursday, Burbidge and Walker told the jury that police violated Rodriguez’s civil rights when they entered his business without a warrant and used excessive force when they sicced Kubo on Rodriguez. They also contended the two officers’ actions were negligent.

Rodriguez and his lawyers sought $1.8 million in damages for pain and suffering, emotional distress, humiliation and anxiety.

Santa Ana attorney Bruce Praet, who represented the two officers, told the jury that police “were just doing their job” and had a duty to apprehend Rodriguez because he was a serious domestic violence suspect who fled his home and hid in his office.

Officers asked him to come out of his office several times, Praet said, but Rodriguez ignored them. Praet said Rodriguez’s ex-wife, who had keys to the office, gave officers permission to enter it.

Rodriguez owns an architectural design and consulting business at 4321 N. West Ave. near Ashlan Avenue. At the time of the incident, he and his ex-wife had been long since divorced, but had been living together in his house with their four children for more than a decade after she was diagnosed with cancer.

The pair had a falling-out on the night of April 30, 2014, when Rodriguez’s ex-wife called 911 and reported that he threatened to kick her out of the house. In the call, Rodriguez can be heard cursing and denying that he pushed his ex-wife, Praet said.

When officers arrived, Rodriguez was gone. His ex-wife, however, told police that Rodriguez likely went to his office.

When police arrived at the office, Gonzales called Rodriguez on his cell phone to come out, but Rodriguez denied being in his office. He told them to call his attorney.

Seeing a silhouette in the office, police decided to go into Rodriguez’s office, using the keys provided by his ex-wife. After they unlocked the front door, officers announced several times that they had a police dog, Praet said. When Rodriguez failed to respond, Tushnet unlocked the door to Rodriguez’s private office and unleashed Kubo, Praet said.

Praet said police did not violate department policy by entering the office without a warrant. He said officers had a reasonable belief that his ex-wife had legal standing to give them permission to enter the office since she had once worked there and had keys to the office.

“He had plenty of opportunity to surrender,” Praet said.

But Walker said Rodriguez’s ex-wife had no legal authority to give officers consent since she did not own the business and hadn’t worked there for years. If police wanted to arrest Rodriguez, officers needed a warrant, he said. Besides, Walker said, no weapons were involved in Rodriguez’s dispute with his ex-wife. Rodriguez was unarmed when attacked by the dog.

Court records say Rodriguez was charged with misdemeanor battery and resisting arrest. but those charges were later dismissed after Rodriguez’s criminal defense lawyer, Michael Aed, filed a motion that accused police of violating his client’s due process rights by failing to turn over evidence in a timely manner as required by law.

This story was originally published November 16, 2017 at 5:19 PM with the headline "He says he was sleeping when a police dog attacked him. A jury rejected his lawsuit."