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Settlement reached in police dog attack on Mountain View man

Joel Alejo sued Palo Alto and Mountain View after he was bitten repeatedly 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 on Mountain View man

Joel Alejo sued Palo Alto and Mountain View after he was bitten repeatedly 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
St. Francis Acres
on Dec 22, 2021 at 10:43 am
SRB, St. Francis Acres
Registered user
on Dec 22, 2021 at 10:43 am

"City Attorney Molly Stump said that as of Tuesday morning, there was no non-confidential information available for public release. "

Financial amount paid by MV or PA residents/taxpayers should not be confidential.


PeaceLove
Registered user
Shoreline West
on Dec 22, 2021 at 3:11 pm
PeaceLove, Shoreline West
Registered user
on Dec 22, 2021 at 3:11 pm

As a Mountain View resident I demand transparency in settlements with public money involving police violence. I'd also like to know which officer was yelling "Stop resisting" to a man being attacked by a dog. That phrase is often yelled by the most violent police officers as a cover to create a public perception that their abuse is justified. I'd like to know whether any disciplinary action has been taken against that officer and/or his or her partner who apparently stood by and allowed the vicious attack to happen.


Barbara
Registered user
Sylvan Park
on Dec 22, 2021 at 4:54 pm
Barbara, Sylvan Park
Registered user
on Dec 22, 2021 at 4:54 pm

Why are the terms of the settlement with public funds confidential?


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