News

Settlement reached in police dog attack

Joel Alejo sued Palo Alto and Mountain View after he was struck while sleeping in backyard shed

Released body-worn camera footage shows Joel Alejo, a resident of Mountain View, get bitten by a Palo Alto police dog on June 25, 2020. Courtesy city of Palo Alto.

The cities of Palo Alto and Mountain View have reached a settlement with Joel Alejo, who was attacked and repeatedly bitten by a police dog while he was sleeping in a backyard shed in Mountain View last year, federal court records show.

While the terms of the settlement weren't immediately available Friday, federal records indicate that the two cities settled with Alejo during a conference on Dec. 17. Attorneys for the two sides were directed at the meeting by Magistrate Judge Sallie Kim to execute a written agreement based on the terms of the settlement.

City Attorney Molly Stump said that as of Tuesday morning, there was no non-confidential information available for public release. Alejo's attorney, Sharona Eslamboly Hakim, did not respond to an inquiry from this news organization about the settlement.

Alejo's lawsuit against the two cities stems from an incident that occurred on June 25, 2020, in Mountain View. Officers from Mountain View and Palo Alto were conducting a yard-to-yard search for a kidnapping suspect in the 1800 block of Elsie Avenue at about 2 a.m. when they approached a backyard shed with permission from the homeowner. Video footage of the incident shows Alejo sleeping on the floor as several officers walk into the shed, led by Balko, a Palo Alto police dog, and his handler, Officer Nick Enberg. Balko approaches Alejo while Enberg repeatedly commands him to bite.

The dog then bit Alejo numerous times as Alejo covered his head with his hands while one of the officers yelled, "Stop resisting!" After a struggle that lasted for close to a minute, officers restrained Balko and handcuffed Alejo, the video shows. Minutes later, police determined that Alejo was not the suspect they were looking for. He was taken to the hospital to be treated for bite wounds.

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Alejo, who was 37 years old at the time of the incident, subsequently filed a suit seeking $20 million in damages.

The Santa Clara County District Attorney's Office subsequently investigated the case but did not file charges against Enberg or any other officer involved in the incident. The District Attorney's Office determined that the incident did not come within the county's "Officer-Involved Incident Protocol," which governs incidents in which officers cause great bodily injury or fatalities.

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Gennady Sheyner
 
Gennady Sheyner covers the City Hall beat in Palo Alto as well as regional politics, with a special focus on housing and transportation. Before joining the Palo Alto Weekly/PaloAltoOnline.com in 2008, he covered breaking news and local politics for the Waterbury Republican-American, a daily newspaper in Connecticut. Read more >>

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Settlement reached in police dog attack

Joel Alejo sued Palo Alto and Mountain View after he was struck while sleeping in backyard shed

The cities of Palo Alto and Mountain View have reached a settlement with Joel Alejo, who was attacked and repeatedly bitten by a police dog while he was sleeping in a backyard shed in Mountain View last year, federal court records show.

While the terms of the settlement weren't immediately available Friday, federal records indicate that the two cities settled with Alejo during a conference on Dec. 17. Attorneys for the two sides were directed at the meeting by Magistrate Judge Sallie Kim to execute a written agreement based on the terms of the settlement.

City Attorney Molly Stump said that as of Tuesday morning, there was no non-confidential information available for public release. Alejo's attorney, Sharona Eslamboly Hakim, did not respond to an inquiry from this news organization about the settlement.

Alejo's lawsuit against the two cities stems from an incident that occurred on June 25, 2020, in Mountain View. Officers from Mountain View and Palo Alto were conducting a yard-to-yard search for a kidnapping suspect in the 1800 block of Elsie Avenue at about 2 a.m. when they approached a backyard shed with permission from the homeowner. Video footage of the incident shows Alejo sleeping on the floor as several officers walk into the shed, led by Balko, a Palo Alto police dog, and his handler, Officer Nick Enberg. Balko approaches Alejo while Enberg repeatedly commands him to bite.

The dog then bit Alejo numerous times as Alejo covered his head with his hands while one of the officers yelled, "Stop resisting!" After a struggle that lasted for close to a minute, officers restrained Balko and handcuffed Alejo, the video shows. Minutes later, police determined that Alejo was not the suspect they were looking for. He was taken to the hospital to be treated for bite wounds.

Alejo, who was 37 years old at the time of the incident, subsequently filed a suit seeking $20 million in damages.

The Santa Clara County District Attorney's Office subsequently investigated the case but did not file charges against Enberg or any other officer involved in the incident. The District Attorney's Office determined that the incident did not come within the county's "Officer-Involved Incident Protocol," which governs incidents in which officers cause great bodily injury or fatalities.

Comments

SRB
Registered user
Mountain View
on Dec 21, 2021 at 6:50 pm
SRB, Mountain View
Registered user
on Dec 21, 2021 at 6:50 pm

" there was no non-confidential information available for public release." Any settlement amount that might have paid by Mountain View and/or Palo Alto residents/taxpayers should not be confidential.


Online Name
Registered user
Embarcadero Oaks/Leland
on Dec 21, 2021 at 7:46 pm
Online Name, Embarcadero Oaks/Leland
Registered user
on Dec 21, 2021 at 7:46 pm

This taxpayer wants to know how much this is costing us.


White Senior fears Palo Alto Police
Registered user
Professorville
on Dec 22, 2021 at 3:01 pm
White Senior fears Palo Alto Police, Professorville
Registered user
on Dec 22, 2021 at 3:01 pm

The cost should be known to the taxpayers. This is another example of police coverup.
Perhaps police chief Johnson and City Attorney Stump should be fired. Enough is enough.


scott
Registered user
Fairmeadow
on Dec 22, 2021 at 3:09 pm
scott, Fairmeadow
Registered user
on Dec 22, 2021 at 3:09 pm

We'll have our details soon enough. And if the Palo Alto City Council does not bring its police department's culture to heel, then we will have details of another police misconduct lawsuit soon enough, as well.

Council needs to strengthen oversight into misconduct allegations and roll back recent changes that decrease transparency. They also should adopt strong whistleblower protections as well as a recognition program for police officers who expose abuses committed by other officers.


Screeedek
Registered user
Stanford
on Dec 22, 2021 at 3:38 pm
Screeedek, Stanford
Registered user
on Dec 22, 2021 at 3:38 pm

So I am a bit confused. The homeowner gave the police permission to search the shed. Why would they do that if Mr. Alejo was sleeping in there? .....Um, unless of course the homeowner didn't KNOW he was in there because Mr. Alejo was trespassing. Seems like fair game for a dog bite.


felix
Registered user
Another Palo Alto neighborhood
on Dec 22, 2021 at 10:41 pm
felix, Another Palo Alto neighborhood
Registered user
on Dec 22, 2021 at 10:41 pm

The victim savaged by this dog was a close relative visiting his family who owned the home and gave permission to him to sleep the night in back.
A young member of the family didn’t know anyone was sleeping there and agreed to the police search with the dog.
A horrible outcome that too often happens with many variations when dogs are used against people.


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