California Court of Appeal

In a negligence and assault and battery action where plaintiff was injured by a ricochet in a police shooting, trial court's grant of defendant's motion for summary judgment is affirmed where: 1) defendant's actions as a police officer were objectively reasonable as a matter of law such that he could not be found to have acted negligently with regard to his role in the shooting; 2) plaintiff's failure to demonstrate that any material facts are in dispute, and defendant's reasonable use of deadly force against the suspect in the incident preclude a finding of liability for battery for any injury that may have resulted from the use of force; and 3) the privilege afforded to defendant's conduct pursuant to Penal Code section 196 precludes liability as to the battery claim.

Appellate Information

• Decided 02/24/2009
• Published 02/24/2009

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Alvin M. Gomez, DelMar, for Plaintiffs and Appellants.


• For Appellees:
  
• Daley & Heft, Lee H. Roistacher and Robert W. Brockman, Solana Beach, for Defendant and Respondent., John J. Sansone, County Counsel, and Nathan C. Northup, Chief Deputy County Counsel, for The League of California Cities and California State Association of Counties as Amicus Curiae on behalf of Defendant and Respondent.