TALLAHASSEE, Fla. (WCTV) - A lawsuit filed in Leon County Circuit Court alleges Tallahassee Police Department K9 "Kai" bit a fellow officer from the FSU Police Department during a chase last year.
Matthew Foster, who represents the bitten officer, said his client has nerve damage on his dominant hand used to draw his gun. During the discovery process, Foster said he uncovered three total incidents in which K9 Kai bit fellow officers.
"Think about my client's a law enforcement officer, and he's chasing dangerous suspects, so he's got them in front of him and he's got to be on guard and protect himself from them," Foster said. "And then he's got to worry about being attacked from behind by an attack canine."
So far, the City of Tallahassee and the Tallahassee Police Department haven't responded to our request for comment. However, they have denied that the city, K9 or handler acted negligently during the chase. In response to the lawsuit, the city raised fourteen affirmative defenses.
"Plaintiff's alleged injuries are attributable to an intervening cause rather than any negligence on behalf of the City," one of the city's defense attorneys wrote in a filing.
Foster asked his client not be named in this report, fearing retribution from a tight knit law enforcement community as he sues a fellow law enforcement agency. WCTV is also not naming the handler of the K9.
"Most police officers are good people and they're just trying to do their job and keep us safe. And so I want to help those people when they need help," Foster said. "And you would think that the agencies that they're working for putting their life on the line with these agencies would support them."
According to the complaint, the FSU PD officer was in pursuit of "a fleeing suspect involved in a stolen vehicle case" on March 12, 2025, just before 8 p.m.
The complaint alleges K9 Kai was "released before properly assigning the bite command, got confused, and attacked the plaintiff instead of the suspect."
Body worn camera video provided by Foster shows the FSU PD officer exiting his car and screaming, “police, stop!” A taser is visible in his right hand, and the FSU PD officer begins to give chase. Shortly thereafter, K9 Kai is seen lunging at the officer. When the K9 bites, the FSU PD officer lets out an expletive.
The dog appears to bite the FSU PD officer for about 5-10 seconds, before the handler appears and K9 Kai backs off. The FSU PD officer gives up on the chase and steps off to the side while the dog is corralled.
Later in the clip, the officer is seen checking his arm before talking with someone who appears to be the K9 handler. He radios dispatch, saying he needs an ambulance.
The handler appears to walk up and ask, “Are you alright? Did she get you twice?”
“You’ve got a strong dog though,” the FSU PD officer said in the camera footage. “I didn’t know you all were out here.”
The TPD handler asks if the FSU PD officer saw him pass, to which the FSU PD officer responds, “No, I seen you pass me but I didn’t see a K9 logo.”
“I didn’t see…you know the tunnel vision?” the FSU PD officer says. When asked if “he’ll be alright,” the FSU PD officer responds,“yeah I’ll be alright.”
Another officer approaches, and the FSU PD officer explains the situation, including that he was bitten on his “funny bone.”
“He jumped out and I bailed her [the dog], and she was locked on [the suspect] and then saw him [the fellow officer] and…” before trailing off.
“I saw the dog and I’m like ah [expletive], I’m wearing black and I’m running I’m getting bit,” the FSU PD officer recounts. The interaction ends when the officers go to check on another driver whose car was hit during the chase.
Foster told WCTV he does not blame the dog, though he is worried if a civilian might be in the line of fire next. With three bite incidents against law enforcement, he wonders if the dog would be better suited for another job or if the dog's training is not adequate.
In its legal responses, the City of Tallahassee admits K9 Kai bit the FSU PD officer, but denies responsibility. Foster said under the doctrine of "sovereign immunity," he and his client must prove the handler acted negligently.
He went on to say that under Florida law, the most they can recover from the city is $200,000. Foster said the city is self-insured for these types of incidents.
"We as citizens, there's no cap on our responsibility. If we do something wrong, we could be sued for millions of dollars, but the government, for some reason, can be negligent, careless, and they're protected from their own negligent actions," Foster said.
He told WCTV he's become something of a dog bite expert in Tallahassee, in part because he was himself attacked by a dog when he was five years old. He said an incident like that has a lasting impact, though handling a case involving a bite to a fellow officer is a rare occurrence.
The case has not yet gone to trial. The court docket shows pre-trial matters are still being discussed as recently as this week. Judge Angela Dempsey is overseeing the case, according to the clerk's website.