Teen bitten by police dog settles suit for $210,000

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By Kevin Murphy

For the Star-Observer

MADISON – The city of Hudson’s insurer will pay up to 95 percent of the $210,000 settlement of an excessive force lawsuit brought last year after a Hudson boy was injured by a police dog, according to the boy’s attorney.

Under terms of the settlement filed recently in federal court:

Nate Livermore will receive $100,000 of the settlement on May 12, his 18th birthday from Wisconsin Mutual Municipal Insurance. WMMI refused to admit any wrongdoing by the law enforcement defendants who were responding to a shooting/hostage situation in the city.

Livermore’s attorneys will receive $87,377 and the balance is to be paid to Livermore’s medical insurer and the Wisconsin Crime Victims Compensation Fund.

Livermore’s mother, Tara Tuchel, sued the city, the county, the Sheriff’s Department, Deputy Sheriff Joshua Stenseth and Daniel Christenson after a police canine “Ace” was released by Stenseth and bit Livermore on the arm and leg.

Even though it was a county officer and a county canine, the city will pay “an overwhelming share,” of the settlement, said K. Nicklow. Under the state’s mutual aid statue, the requesting jurisdiction is liable for the conduct of officers responding to the request, he said.

Livermore was with three other youths including Zach Christenson, on the evening of Oct. 17, 2009, at Christenson’s house when Zach’s father, Daniel Christenson, arrived intoxicated and began threatening the boys and shooting a firearm.

Zach used Livermore’s cell phone to call 911, a call that lasted 23 minutes, according to court documents. Hudson police responded and asked for aid from the sheriff’s deputy who sent at least three deputies including Stenseth.

Livermore and Zach Christenson escaped by breaking out a basement window. Stenseth said he saw Livermore fleeing and ordered him to halt but didn’t warn him he would release a police dog. Livermore said in depositions that heard officers yelling “run,” “four friendlies” and to “get down,” but not a warning about a dog.

Nicklow contended Stenseth used excessive force for his failure to warn Livermore before releasing “Ace” and delaying in calling off “Ace” once Stenseth realized Livermore wasn’t “the shooter” in the situation.

Attorneys for the city, county and Stenseth sought to have the suit dismissed disputing Livermore’s version of the events and contending that Livermore had stopped running only a second before Stenseth released “Ace.” Also, that Stenseth acted responsibly in calling off “Ace” within seconds of “Ace’s” apprehending Livermore.

“Use of force is not to be judged with 20-20 hindsight,” the county’s attorney wrote the court in a motion to dismiss the suit.

Sheriff John Shilts was unavailable for comment Tuesday. The department’s website lists Stenseth as a patrol officer and a K-9 handler. “Ace” who cost $4,100 to acquire, died on Feb. 21. “Dex” is replacing “Ace” and is undergoing training, according to the website.

In connection with the incident, Daniel C. Christenson, 45, was sentenced to five and one-half years in prison after pleading no contest recklessly endangering safety.

Nicklow said the parties reached a “mutually” satisfying settlement and dismissal of the case in federal court still allows Nicklow to sue Christenson in state court for Livermore’s injuries.

“That’s something we’re still considering,” he said.

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