A lawsuit filed by a woman bitten by a Saskatoon police dog in a case of mistaken identity has been dismissed, according to a judge’s decision dated Sept. 20.
Sheila Tataquason was sitting with a friend in her backyard in the 300-block of Avenue H around 3 a.m. CT on Aug. 16, 2013. At the same time, police were tracking a suspect in an armed robbery at 20th Street and Avenue H.
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Led by police dog Diego, the officers went down a back lane where the animal found Tataquason and bit her.
Police later determined the bite victim wasn’t involved in the robbery, but officers thought they had the suspect.
Tataquason, an indigenous woman, called it an instance of racial profiling.
She filed a lawsuit in small claims court seeking $20,000 in damages. The Saskatoon Board of Police Commissioners and three police officers were the defendants.
However, under Section 10 of the Saskatchewan Police Act, officers are not liable for damages caused during their work as long as they are acting in good faith.
In Tataquason’s case, provincial court judge Vanessa Monar Enweani concluded the officers were acting in good faith.
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The judge acknowledged that the plaintiff’s injuries “are truly unfortunate and regrettable.”
She suffered a bite wound to her hip that resulted in blood loss, stitches and bruising. She also reported anxiety as a result of the attack.
“It is understandable that she feels she has been wronged. The Court has considerable sympathy for the Plaintiff,” the judge’s decision read.