Burglar to launch legal action after being bitten by a Greater Manchester Police dog
PD Jerry bit Thomas Ward while he was being arrested in October 2015
Last updated 30th May 2024
A burglar who suffered a "significant" injury from being bitten by a police dog has been given the go-ahead to bring a legal challenge against a police force by a judge at the High Court.
Thomas Ward was bitten on the lower, right leg by a police dog named Jerry while being arrested in Manchester on October 23 2015.
He claims the bite left him with long-term nerve damage and chronic pain.
At a hearing in London in February, Ward asked a judge to give him the go-ahead to bring a legal claim against Greater Manchester Police for trespass to the person, alleging that he was not warned there was a police dog and that it bit him after he was handcuffed.
The force claims that officers shouted to Ward that a dog was present and would be used and that Jerry stopped biting him before he was detained following orders from his handler, Police Constable Jackson.
But in a ruling on Wednesday, Judge Lisa Sullivan said a legal challenge could be brought as Ward's case had a "real prospect of success".
She said: "Mr Ward's case is that there was no warning of a dog. Pc Jackson says he did give such a warning.
"That is a factual dispute which can only be resolved at trial. Whether the release of Pd (police dog) Jerry without such a warning was grossly disproportionate will depend on the circumstances of the case as found by the trial judge.
"Whilst this is by no means a case where I can say at this stage that it would be grossly disproportionate, nor can I rule it out.
"The timing of the warning, the relative position of Mr Ward and Pc Jackson will be relevant matters and those are matters for a trial."
The judge said in her ruling that Ward was arrested while being wanted for nine burglaries, after leading police on a pursuit which led to him exiting his vehicle.
He was later convicted of the burglaries and admitted dangerous driving during the police chase, and was jailed in February 2016.
Ward claims that while running from police, he heard a shout of "stop, police", before being tackled to the ground by Pc Jackson and then feeling a bite on his leg.
The force alleges that Pc Jackson shouted a warning that a dog was present and would be released, with Jerry then biting Ward as he attempted to hide under a car before being arrested.
Officers took Ward to hospital as his wound was "bleeding profusely", the judge said, with the bite causing "significant skin loss" and "damage to muscle and tendons".
A further hearing in the case is expected at a later date.