TROY – A $1.3 million civil rights lawsuit on trial this week in Rensselaer County State Supreme Court filed against the city and a police officer claims a city police dog was the weapon used in an excessive force case arising from a 2013 incident.

While batons, tasers and guns are the usual weapons cited in excessive force accusations, Theodore Relf of Albany claims that he was the victim on Dec. 28, 2013 of “excessive and unreasonable force by the defendant police officers and police dog,” according to the lawsuit filed in the county clerk’s office.

Relf was going out to his car on Oakwood Terrace, where he was visiting relatives, when he was confronted by Elza, the German shepherd K-9 partner of Officer Justin Ashe. Frightened by the dog, Relf jumped on the hood of his car and Elza bit down on his left knee, according to court papers. Relf was 50 years old at the time he was bitten.

That night, police were hunting for two men who had robbed at gunpoint the S & J Mart Gas Station on Hoosick Street at 6:54 on Dec. 28, 2013. It was part of a string of armed robberies police had been investigating.

The court papers outline that Ashe let Elza off the leash to search for the suspects. Out of Ashe’s sight, the dog came upon Relf and bit down on his knee to hold Relf until Ashe appeared to order her to release Relf from her mouth.

It was the third time that Elza had bitten a non-suspect during a search or pursuit, according to the court papers.

Justice Patrick McGrath has handled the case since it was filed in December 2014. The trial has lasted all week and is expected to conclude Monday with the appearance of a final witness speaking about medical billing. At that time, it will go to a jury for deliberations.

The lawsuit attacks the Troy Police Department’s training methods; the way it conducts excessive force investigations; and claims the city “tolerated a pattern and practice of unjustified, unreasonable and illegal use of force against against African American civilians” by police officers.

City officials said Friday that a demand of $1.3 million had been made by Relf to settle the case. He is represented by Mark G. Sokoloff of Hach & Rose of New York. Hach & Rose is the same firm that is suing the city in the wrongful death case of Edson Thevenin, who was fatally shot by Det. Sgt. Randall French during an April 2016 DWI traffic stop.

Sokoloff declined to comment on the case until it concludes.

“We believe that Detective Ashe and Elza, his K-9 partner performed as they were trained,” said Michael Ginsberg of Pattison, Sampson, Ginsberg & Griffin of Troy, who represents Ashe and the city.

Ginsberg said the team had responded to the robbery, which was part of a string of similar stickups. He said their behavior was appropriate.

Ashe was a patrol officer at the time and is now assigned to the detective bureau. Elza was later retired and has since died.

Ashe testified earlier in the week about the training he and Elza had done. He explained to the jury that the police dog had performed properly.