On April 23, 2015, 55-year-old Stanley McQuery broke into the Hillcrest, San Diego, home of 79-year-old William Ballard. He attacked Ballard and stole his phone and electric wheelchair. He also demanded money. The police were called in.

Officers found McQuery in the neighborhood. For some reason, his getaway vehicle was Ballard’s wheelchair, which traveled at a pitiable 3.2 kilometers per hour (2 mph). The police sent a dog after McQuery after he refused orders to stop. McQuery was ultimately sentenced to 16 years in prison because he already had three felony convictions.

In 2016, McQuery sued the police dog for “excessive force, assault and battery” while in prison. He demanded $7 million in compensation. He claimed he was already on the ground at the time the officer set the dog on him. He added that the officer told the dog, “Eat him up, eat him up.”

McQuery later claimed he made a mistake by naming the dog as a defendant. He said he loved dogs and never planned to sue a dog. However, this does not explain the fact that he listed the dog as a defendant twice.^[