The sound of the police and the barking dog woke him up, he then subsequently moved to some bushes at the side of the house. The police were in the are due to a burglary in the neighborhood. Since the police thought that the suspect may still be in the area, they called in the canine unit to help search for the suspect. Sultan, the dog, led the police to the side yard of a house, where the dog alerted on Terrell, who was asleep in the bushes. The officer then told the dog to "get-em", the dog then attacked Terrell who was sleeping, and dragged Terrell our of the bushes. In doing so the dog reestablished its grip, biting Terrell again in the arm. Once Terrell was in the open, the officer ordered Sultan to release Terrell, who was screaming in pain. Terrell then got up and moved toward Pontieri, who knocked him to the ground by hitting Terrell on the head with a flashlight. Pontieri then handcuffed Terrell, at which point Terrell was again bitten, this time on the thigh. Terrell was then taken to Good Samaritan Hospital, where his wounds were treated. Terrell was not, in fact, the individual the police suspected as having committed the burglary. Kerr 875 F.2d 1546 at 16.
In the early morning of November 24th, 1982, Jimmy Jerome Arnold had stolen some fishing rods and reels sticking out of the window of a parked car. He then heard a police car, and then ran. Arnold attempted to hide from the pursuing officers by climbing a tree that was in a small yard off of an alley way. The police brought in Officer Pontieri and his dog, Sultan, and they eventually located Arnold in the tree, about six feet above the ground. Pontieri told Arnold to come down, he did not, then Pontieri forcefully pulled him down and had Arnold on his stomach. Arnold was then released by the officer, and at the point, Sultan, attacked Arnold, locking on this arm. Arnold screamed asking Pontieri to call the dog off.
