9th Circuit Affirms Qualified Immunity for Officers After Bystander Injured in Pursuit Shooting

• The Fourth Amendment and the Use of Deadly Force
• Qualified Immunity and the Use of Deadly Force  
• The Seizure of a Passenger in a Stopped Motor Vehicle

Passengers in a motor vehicle stopped for violating traffic laws are in fact seized, for purposes of the Fourth Amendment.  Police officers who injure an innocent bystander when returning fire from a dangerous suspect are entitled to qualified immunity when sued by that bystander for a violation of his or her Fourth Amendment right to be free from the use of excessive force.

Plaintiff Rosa Cuevas was a friend of one Quinntin Castro.  One day (not specifically listed) in 2018, Cuevas allowed Castro to drive her car with her tagging along. sitting in the front passenger seat.  (Also present in the car was someone named Cameron Ware, who was in the back seat, no doubt wondering as the below-described events developed: “What the hell am I doing here ”)  Castro had the bad habit of rolling through stop signs, as noticed by Tulare Police Officer Daniel Bradley.  Officer Bradley, however, feeling charitable, decided not to pull Castro over.  But then when Castro also made a left turn without signaling and rolled through another stop sign, Officer Bradly determined that it was necessary to take action.  When Officer Bradley tried to make a traffic stop, however, Castro declined to cooperate, putting the pedal-to-the-metal instead.  So the chase was on. 

The resulting pursuit lasted some ten miles with Castro driving recklessly, resulting in multiple near collisions with other drivers.  With Castro in violation of Veh. Code § 2800.2 (Fleeing From a Police Officer in a Motor Vehicle, Disregarding the Safety of Persons or Property; a felony/wobbler), Officer Bradley decided to perform a felony hot-stop. The chase ended when Castro got stuck in the mud at the side of the road. Officer Bradley also got stuck, right behind Castro’s car.  Other officers soon arrived at the scene, including Officer Ryan Garcia with his K-9 partner, “Bane.” The officers surrounded the car as Castro continued to try to free his car from the mud, only sinking deeper and ....