Deadly Force, the Fourth Amendment, and State Negligence Allegations

• Fourth Amendment Excessive Force Allegations
• California State Negligence Allegations
• The Use of Deadly Force in Handling Mentally Ill Persons

California negligence law regarding the use of deadly force is broader than federal Fourth Amendment law in that the former includes in the totality of the circumstances the officer’s tactical conduct and decisions that precede, and lead up to, the actual use of force.  Such pre-use-of-force conduct and decisions are irrelevant in a federal Fourth Amendment use of force case.

Huntington Beach Police Officer Eric Esparza observed Dillan Tabares walking down a sidewalk on the morning of September 22, 2017. Although he was doing nothing illegal, Tabares caught Officer Esparza’s attention because he was wearing a sweater on a warm day, walking abnormally, and making fidgeting, flinching movements with his hands.  Tabares looked over in Officer Esparza’s direction several times, but kept walking. A former police officer who happened to be standing nearby also noted that Tabares was talking to himself and making gestures with his hands.  This person later testified he thought Tabares might have some mental health issues, but did not appear to be dangerous or threatening.  Officer Esparza decided to talk to Tabares, pulling his patrol car into a 7-Eleven convenience store parking lot and intercepting him in front of the ....