[DOWNLOAD] "Hernandez v. City of Pomona" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Hernandez v. City of Pomona
- Author : Colorado Supreme Court
- Release Date : January 28, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
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 conduct, 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.