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Hyatt v. Anoka Police Dep't2/10/2005
d. at 1352.
We reverse the court of appeals' decision, which granted summary judgment and dismissed the claim made under the dog bite statute, and hold that Hyatt may pursue a claim under that statute. We further hold that Hyatt's claim may be limited by the authorization for the use of reasonable force under the reasonable force statute, if that statute is found to be applicable under the facts as ultimately determined. Because the court of appeals did not reach the City's alternative claims of immunity or address whether the police department is a legal entity subject to suit, we remand to the court of appeals with directions to consider those issues. If the court of appeals determines that the City is not entitled to immunity, the case should then be remanded to the district court for trial of genuine issues of material fact arising from the dog bite and reasonable force statutes.
Reversed and remanded to the court of appeals.
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