A. K. H. V. City of Tustin

After Osvaldo Villarreal, a police officer in Tustin, California, fatally shot Benny Herrera during an attempted investigatory stop, relatives of Herrera filed suit under 42 U.S.C. 1983 against Officer Villarreal and the City of Tustin, alleging that the officer used excessive force against Herrera. The district court denied Officer Villareal's motion for summary judgment. The court concluded that the government's interests were insufficient to justify the use of deadly force where the crime at issue was a domestic dispute that had ended before the police became involved, Herrera did not pose an immediate threat to the safety of the officers or others, and Officer Villarreal escalated to deadly force very quickly. Based on the totality of circumstances, and balancing the interests of the two sides, the court concluded that the intrusion on Herrera’s interests substantially outweighed any interest in using deadly force. Therefore, Officer Villarreal’s fatal shooting of Herrera violated the Fourth Amendment. The court further concluded that the officer violated clearly established Fourth Amendment law when he shot and killed Herrera. Accordingly, the court affirmed and remanded for further proceedings. View "A. K. H. V. City of Tustin" on Justia Law