This story was originally published by the WND News Center.

An appeals court has ruled that two Douglas County, Colorado, sheriff's deputies do not have immunity in a lawsuit over their decision to sic a police canine on a defenseless suspect.

"It is clearly established under Tenth Circuit law that it violates the Fourth Amendment to use force without warning against a non-violent, non-resisting suspect who is given no chance to comply," explained the opinion from Judge Carolyn McHugh of the 10th U.S. Circuit Court of Appeals. "It was clearly established under our case law in February 2022 that using a canine to restrain a non-violent, non-fleeing suspect could constitute excessive force."

The case developed when a deputy and a dog handler were sued for blindly sending a police dog into a home with a broken window that they were investigating in Highlands Ranch.

According to a report from Courthouse News, it happened on Feb. 22, 2022, when someone called 911 to say a man was breaking a window to climb into a home.

Deputy Scott Kelly and canine handler Tyler Kyle responded.

They heard a voice inside, and claiming they feared a "hostage" was being held, sent the dog, Sig, in through the window. The dog promptly found – and bit – the sleeping homeowner, Tyler Luethje.

Luethje said he broke the window because he couldn't find his key.

The officers handcuffed him, shoved him into a patrol car wearing only his sweatpants, and called for an ambulance, the report said.

Then deputies searched his home but failed to find evidence of a crime.

Luethje sued in 2023, charging excessive force and unlawful search and arrest, violations of the Fourth Amendment.

A trial judge refused to give the deputies immunity because they had no justification for using force and lacked probable cause for an arrest.

The deputies then insisted the appeals court protect them, which it refused to do.

The court concluded that the deputies had no reason to enter the home without permission.

McHugh found the deputies' claims stretched "the facts alleged beyond recognition."

An official for the sheriff's office said it is "clear" that the deputies "acted legally and properly."