Updated:ORLANDO, Fla. —
An Orlando man is suing two Orlando police officers and the K-9 that attacked him in 2009 during an attempted murder investigation involving his half-brother.
Billy Tate said he was walking his younger sister home from Jones High School, carrying a puppy in his hands, when he noticed police surrounding them and yelling to get down.
Officers were looking for Tate's half-brother, Anthony Murphy, but claimed they received a tip that said Tate was actually Murphy.
Tate said he initially got down on the ground then stood back up after he thought the officers were talking to someone else. That's when he said the K-9 came after him and grabbed his arm.
"When I heard it coming toward me, I just got scared and threw my arm up," he said.
Tate said he hasn't been in trouble with the law, so he was surprised when officers came after him with the K-9 and then arrested him.
"My arm still hurts sometimes," he said.
Tate's mother snapped photos of the scene that showed where the dog tore into her son's arm.
Tate was taken to a local hospital and then charged with resisting without violence.
Now, Tate is suing the city, the K-9 officer, the officer who identified him incorrectly and even the dog.
But police said Tate refused to obey their commands to get down, looking like he was about to run.
An internal investigation exonerated the K-9 officer since his operations manual allows the dog to secure a felony suspect who resists, even without violence.
But Tate doesn't think it's right.
"I think they really weren't in the right place to do that. I think everything they did was wrong," he said.
The state attorney's office never pursued charges against Tate. Still, he said he's fearful every time he sees an officer.
The city of Orlando told us it hasn't received the lawsuit yet and can't comment.
Tate's older brother is currently in state prison.