Hernandez v. City of Pomona, S149499
Court of Appeals judgment is reversed where: 1) the federal judgment in favor of defendants on their civil rights claim alleging excessive force collaterally estopps plaintiff from recovering on their state claim that the officers acted negligently in using deadly force; and 2) there is no basis for a wrongful death claim on the theory that the officers' preshooting conduct was negligent.
- Decided 05/28/2009
- Published 05/28/2009
Supreme Court of California
Moreno, Becerra, Guerrero & Casillas, Moreno, Becerra & Casillas, Danilo J. Becerra, Gregory W. Moreno, Arnoldo Casillas, Montebello, and Lizette V. Espinosa, Los Angeles, for Plaintiffs and Appellants.
Alvarez-Glasman & Colvin, Roger A. Colvin and Sean M. Beehler, City of Industry, for Defendants and Respondents., Dennis J. Herrera, City Attorney (San Francisco), Joanne Hoeper, Chief Trial Deputy, Danny Chou, Chief Appellate Attorney, and Peter J. Keith, Deputy City Attorney, for League of California Cities, California State Association of Counties and City and County of San Francisco as Amici Curiae on behalf of Defendants and Respondents.