A man is demanding $2 million from Scottsdale, saying a police officer used excessive force when he let his police dog attack him for nearly two minutes in May.

Patrick Gibbons claims his civil rights were violated when the officer ordered the dog to attack even though he had already surrendered.

The notice of claim, which serves as a precursor to a lawsuit, argues that the use of force was unnecessary and K-9 handler Officer Derek Vusovich didn't command the dog to stop the attack in a timely manner even when another officer used a nonlethal weapon on Gibbons.

Gibbons claims to have suffered extensive injuries in the attack and to have racked up thousands of dollars in medical, counseling and physical therapy bills.

Gibbons' attorney, Ashley Adams, has asked for $2 million to settle the case.

Scottsdale police spokesman Sgt. Kevin Watts confirmed the department received the notice of claim, but could not comment on the matter because of the possible litigation. The city has 180 days to respond before a lawsuit can be filed.

What happened?

According to the notice of claim, Gibbons was in Old Town Scottsdale on the evening of May 4 when he took a golf cart ride. Gibbons kept urging the driver to go faster and trying to push the gas pedal.

The driver eventually stopped the golf cart and got out. Gibbons then slid into the driver's seat and drove off, leaving the owner of the cart to call 911 to report the vehicle had been stolen and that Gibbons was intoxicated. The claim also says he told the dispatcher Gibbons was not armed.

Gibbons was driving about 15 miles per hour down Scottsdale Road and weaving in and out of the lanes as several police cars followed him, the notice of claim detailed. The claim states that body-cam video shows Gibbons flashed his middle finger at police, but showed no other threatening behavior.

Police were able to stop the slow-moving golf cart using a tire deflating device.

The claim states that Vusovich ordered his K-9 to attack Gibbons as soon as the cart stopped.

The Arizona Republic has not seen or received the body-camera footage from this incident. It has filed a public records request with Scottsdale police.

According to the claim, Vusovich can be heard on the footage telling the other officers — identified as Sgt. Brian Reynolds, Lt. Melissa Palopoli and Officer Christopher Beckius — to stay inside their police cars as he was planning to deploy the police dog.

"The attack was preplanned," the claim states.

Vusovich requested the help of SWAT team member Officer Michael Blasko while the other three officers remained inside the vehicle, the claim said. Gibbons exited the golf cart with his hands in the air,according to the claim.

The dog was deployed. It knocked Gibbons to the ground before dragging him several yards. The officers instructed Gibbons to lie down on his stomach to get the dog to release about 45 seconds after the attack started, according to the claim. Adams wrote in the claim that an officer told investigators Gibbons couldn't have turned onto his stomach as the dog was biting him on his back.

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While this was happening, Blasko shot Gibbons with nonlethal rounds twice in the leg and once in the back. The claim states Blasko didn't give Gibbons any commands before shooting.

The dog was ordered to stop 1 minute and 54 seconds after the attack started, according to the claim. The other three officers did not attempt to intervene.

"The videos are disturbing, to say the least," Adams wrote.

Gibbons received numerous stitches for the dog bites to his abdomen, back, sides and arms. He also had deep abrasions and bruises all over his body. He also suffered holes in his leg from the nonlethal rounds as the injuries never fully healed, according to the claim.

"To this day, Mr. Gibbons continues to experience pain," Adams said in the claim. "He will have scars from the dog bites, and where he was shot, for the rest of his life."

Gibbons was charged with resisting arrest, disorderly conduct, unlawful use of means of transportation and unlawful flight from law enforcement. He was booked in jail and released four days later.

He took a plea deal to reduced charges earlier this month.

No officers charged after investigation

Internal documents provided to The Republic in response to an unrelated records request show the department investigated the incident both internally and criminally.

The claim says Vusovich was suspended pending the outcome of the investigations. It was ultimately determined the use of force was within department policy and no one was criminally charged.

It's not clear whether any of the officers involved faced any discipline following the internal investigation.

Reach public safety reporter Bree Burkitt at bburkitt@republicmedia.com or at 602-444-8515. Follow her on Twitter at @breeburkitt.

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