Hernandez v. City of Pomona

207 P.3d 506, 46 Cal. 4th 501, 94 Cal. Rptr. 3d 1, 2009 Cal. LEXIS 4630
CourtCalifornia Supreme Court
DecidedMay 28, 2009
DocketS149499
StatusPublished
Cited by164 cases

This text of 207 P.3d 506 (Hernandez v. City of Pomona) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez v. City of Pomona, 207 P.3d 506, 46 Cal. 4th 501, 94 Cal. Rptr. 3d 1, 2009 Cal. LEXIS 4630 (Cal. 2009).

Opinions

Opinion

CHIN, J.

We granted review in this case to consider the following question: When a federal court enters judgment in favor of the defendants on a civil rights claim brought under 42 United States Code section 1983 (section 1983), in which the plaintiffs seek damages for police use of deadly and constitutionally excessive force in pursuing a suspect, and the court then dismisses a supplemental state law wrongful death claim arising out of the same incident, what, if any, preclusive effect does the judgment have in a subsequent state court wrongful death action? Based on principles of issue preclusion (collateral estoppel), the Court of Appeal held in this case that the federal judgment precludes plaintiffs from recovering on the theory that the police officers failed to exercise reasonable care in using deadly force, but does not preclude plaintiffs from recovering on the theory that the officers failed to exercise reasonable care in creating, through their preshooting [506]*506conduct, a situation in which it was reasonable for them to use deadly force. The Court of Appeal therefore reversed the judgment that the trial court entered for the officers and their employer based on the federal judgment. As explained below, we hold that on the record and conceded facts here, the federal judgment collaterally estops plaintiffs from pursuing their wrongful death claim, even on the theory that the officers’ preshooting conduct was negligent. We therefore reverse the Court of Appeal’s judgment.

Factual and Procedural Background1

Before dawn on January 16, 2001, City of Pomona (Pomona) Police Officer Dennis Cooper was patrolling a neighborhood in a marked black-and-white police vehicle when he saw a gray Ford Thunderbird approach from the other direction with its headlights unilluminated. The Thunderbird abruptly pulled over to the curb and stopped with its engine running. Cooper engaged his overhead lights and pulled his car to within about 10 feet of the stopped Thunderbird, facing it. He saw two individuals inside the Thunderbird and ordered them to exit. The driver complied, putting up his hands, opening his door, and exiting. The passenger, decedent George Hernandez, did not comply. Instead, he slid into the vacant driver’s seat and, with the headlights unilluminated, drove off in the direction from which the Thunderbird had come.

Cooper began pursuing Hernandez in the car. Officers Humberto Sanchez, Anthony Luna, Robert Devee and Edgar Padilla joined the pursuit in other police vehicles, including a K-9 unit driven by Luna. Hernandez led the officers on a high-speed chase through city streets that lasted about 18 minutes and ended when Hernandez crashed and the car came to rest in the middle of the street.

[507]*507After crashing, Hernandez exited his car and started running away. Cooper, followed closely by Sanchez, pursued Hernandez on foot. Eventually, Hernandez slowed down and stopped. According to one witness, Hernandez, with his back to Cooper, lifted his shirt to expose his waistline and, while turning around, yelled that he did not have a gun. According to Cooper, Hernandez, after reaching toward his front right pocket, spun towards him yelling, “I got a gun, I got a gun.” Startled, Cooper reached for his weapon, but discovered he had lost it. He spun around, covered his head, and ran away screaming to Sanchez: “Shoot him. Shoot him, Bert. He’s got a gun. He’s going to kill me.” As Cooper ran, he broadcast over his radio that Hernandez had brandished a firearm. Hearing Cooper, Luna released the police dog and, with Devee and Padilla, joined the foot pursuit.

Hernandez spun around and started running away again. Sanchez, who was now leading the chase, had an open shot at Hernandez, but decided not to take it because Hernandez was facing away and did not pose an immediate threat. Instead, Sanchez chased Hernandez, yelling at him to stop. He was followed by the other officers, including Cooper, who had rejoined the pursuit after finding his weapon.

Ignoring Sanchez’s order to stop, Hernandez kept running and fled around the comer of a building. The police dog passed Sanchez as they rounded the comer of the building, caught up to Hernandez, struck him in the shoulder, and spun him around. According to Sanchez, as the dog was striking Hernandez, Hernandez reached towards his waistband, yelling either “I got a gun” or “Gun.” In response, Sanchez fired his weapon at Hernandez. As the other officers rounded the comer of the building, they heard shots and assumed Sanchez was in a gun battle with Hernandez. All but Padilla fired at Hernandez. The officers fired 37 shots in all, hitting Hernandez 22 times and killing him. Hernandez was unarmed.2

In September 2001, Hernandez’s parents, both individually and as administrators of his estate, and his seven minor children, by and through their guardians ad litem (collectively, plaintiffs), filed a complaint in federal court [508]*508seeking damages in connection with his death. As here relevant, the complaint asserted a section 1983 claim against the officers, alleging they had violated Hernandez’s rights under “the Fourth and Fourteenth Amendments of the United States Constitution[] to be free from unreasonable seizures and excessive force by police officers.” The complaint also asserted a section 1983 claim against Pomona, alleging in part that it was liable for the officers’ actions because it (1) “maintained a system of grossly inadequate training pertaining to the use of firearms” and “the proper tactics for managing scenarios involving mentally unstable, emotionally distraught and otherwise psychologically incapacitated persons,” and (2) “[a]t the time of the shooting .. . had in place, and had ratified, policies, procedures, customs and practices of’ its police department that “permitted and encouraged their officers and officials to unjustifiably, unreasonably and in violation of the Fourth Amendment^, shoot unarmed suspects and specifically individuals of Mexican ancestry, Hispanics, Latinos, as well as members of other minority groups.” The complaint also included a wrongful death claim under California law, which alleged that the officers had acted “negligently, violently and without due care,” “cause or provocation” in killing Hernandez; that the shooting had “occurred as a result of the absence of due care for the safety of others and constituted an unreasonable, unwarranted, and excessive use of force”; and that Pomona had “failed to adequately train, supervise, discipline or in any other way control” the officers “in the exercise of their unlawful use of excessive and lethal force” and, by “knowingly and negligently failing] to enforce [California] laws” and police “regulations,” had “creat[ed]” in the police department “an atmosphere of lawlessness in which [p]olice officers employ excessive and illegal force and violence ... in the belief that such acts will be condoned and justified by their supervisors.”3

The federal district court bifurcated the state and federal claims and only the latter went to trial. By special verdict, the jury found that Cooper, Devee and Luna had not “violate[d]” Hernandez’s “Fourth and Fourteenth Amendment rights by using excessive force against him.” The jury could not reach a verdict regarding Sanchez.4 Sanchez then moved for judgment as a matter of law, based on qualified immunity.

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Cite This Page — Counsel Stack

Bluebook (online)
207 P.3d 506, 46 Cal. 4th 501, 94 Cal. Rptr. 3d 1, 2009 Cal. LEXIS 4630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-city-of-pomona-cal-2009.