Ruling Grants Police Tort New Life

The plaintiffs in this negligence action are the parents, wife, seven minor children and estate of George Hernandez who, while fleeing arrest, was shot 22 times by police officers of the City of Pomona. Defendants are the four officers involved in the shooting and the city.

Plaintiffs appeal from the judgment after the trial court sustained defendants’ demurrer to their complaint. The issue is whether a federal jury’s verdict in favor of a city and three of its police officers and the district court’s judgment in favor of a fourth officer in a federal civil rights case precludes the same plaintiffs from bringing a negligence action in state court against the same defendants based on the same facts. Under the circumstances here we conclude it does not and reverse the judgment.

Hernandez v. City of Pomona, No. B182437 (Cal. Ct. App. 2nd Dist., Apr. 11, 2006).