Villalobos v. City of Santa Maria
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This case arises out of a police shooting that resulted in the death of decedent. Decedent’s parents filed a complaint against police officers involved in the shooting (the officers) and their employer, the City of Santa Maria (City). The officers and City are collectively referred to as “Respondents.” The complaint consists of four causes of action: (1) battery; (2) negligence – wrongful death; (3) negligent hiring, supervision, and training; and (4) violation of the Bane Act. Decedent’s father appeals from the judgment entered after the trial court granted Respondents’ motion for summary judgment.
The Second Appellate District affirmed the finding that no reasonable trier of fact could find that Respondents were negligent or that their conduct was not reasonable. The court explained that the officers patiently waited approximately 40 minutes before resorting to less-than-lethal weapons. The negotiations with the decedent had been futile. He was armed with a deadly weapon, was behaving erratically, and was also suicidal. He presented an immediate threat of physical harm to himself. At any time he could have used the knife to inflict a grievous injury upon himself. Instead of calming down, he appeared to be growing more agitated. There was no legitimate reason to continue a hopeless standoff that had disrupted the flow of traffic and was consuming police resources. Thus because Plaintiff did not carry his burden “to make a prima facie showing of the existence of a triable issue of material fact” whether the officers’ use of force was negligent or unreasonable the trial court properly granted Respondents’ motion for summary judgment.
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