Man Attacked by Goodyear Police Dog During Arrest Sues for $5 Million

On November 5, Goodyear police officers arrived at Marshun Neeley's home after his girlfriend called about a domestic dispute. It's unclear exactly what she told dispatchers, but what Neeley's security camera recorded is not.

Footage from a camera in Neeley's front hallway shows that he saw the officers through a door that was ajar, closed it, and said, "We're good." His girlfriend, also standing in the hallway, asked him not to let the officers in. Neither Neeley nor his girlfriend was armed. Phoenix New Times reviewed the video.

The officers then broke down the front door and tackled Neeley, restraining him on the ground with handcuffs as a police dog bit his leg. Although the footage is partially obscured by the door, it shows that the dog continued to bite Neeley for nearly a minute, even as he asked officers to pull the dog away.

The city of Goodyear, police department, and police chief now face a $5 million legal claim over the incident.

The notice of claim, which signals an impending lawsuit, was filed on Friday by civil rights attorney Quacy Smith, a former cop who has taken on high-profile police misconduct cases across the Valley. The claim alleges excessive force, battery, and negligence on the part of the city and the officers involved.

"Mr. Neeley yelled for help and pled for the officers to stop the K9 from biting him for approximately 55 seconds," the claim states. "The dog's continuous attack resulted in a permanent, debilitating leg injury that Mr. Neeley continues to suffer from daily."

The claim also alleges that officers took Neeley to jail instead of a hospital, where he was left in a cell for hours as he bled from a serious leg wound from the dog attack. He eventually was transferred to a hospital, where doctors performed surgery on a broken finger and said that Neeley risked "permanent disfigurement" as a result of his leg wound. Neeley also was missing several teeth.

"It's been hard," Neeley said on Friday. Months after the incident, he still uses crutches to walk and struggles with basic tasks. Neeley, who was employed with a moving company until November, has been unable to work due to his injuries.

"This man has been injured and traumatized from what those officers did to him," Smith said. "It shows this wanton disregard for federally protected rights. And it's beyond the pale."

Smith said that the case demonstrated the importance of accountability for police use of excessive force. "If you don't catch it at this level, it escalates. Then you end up with folks getting shot," he said.

The city of Goodyear declined to address the case or the lawsuit in detail.

"The city has received Mr. Neeley's notice of claim and disagrees with his version of events, but due to the pending litigation, we are unable to speak about the incident," Lisa Berry, a public information officer for the city, wrote in an email to New Times.

Berry noted that Neeley faces misdemeanor criminal charges in Goodyear Municipal Court of aggravated assault and disorderly conduct stemming from the dispute with his girlfriend. Smith, who is not representing Neeley in the criminal case, said he could not get into specifics about the allegations. New Times has requested police records relating to the charges, but they have not yet been provided.

"I never thought this was going to happen to me. I was always told, don't resist, put your hands up; that way, you don't get shot," Neeley said. He added that he did that in this case. He also said he had relocated from Chicago, where he is from, to Arizona in part to get away from police misconduct.

Smith's law firm also submitted a $7 million claim to the city of Phoenix on Friday. The claim is in response to the case of Harry Denman, a man who was beaten by Phoenix police officers while handcuffed in a QuikTrip. In January, the Maricopa County Attorney's Office announced that the officers involved would not face criminal charges.