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California Civil Procedure, Keyed to Levine, 6th Ed.
Hernandez v. City of Pomona
Citation:
46 Cal. 4th 501, 94 Cal. Rptr. 3d 1, 207 P.3d 506 (2009)Facts
Before dawn on January 16, 2001, Officer Cooper stopped a Ford Thunderbird being driven without headlights. When Cooper ordered the occupants to exit, passenger George Hernandez slid into the driver’s seat and fled, leading officers on an eighteen-minute high-speed chase that ended when Hernandez crashed. Hernandez then fled on foot. During the pursuit, Cooper screamed that Hernandez had a gun and was going to kill him, though Cooper never actually saw a weapon. Officer Luna released a police dog. When the dog struck Hernandez and spun him around, Officer Sanchez saw Hernandez reach toward his waistband while yelling either “I got a gun” or “Gun.” Sanchez fired, and other officers, hearing shots and believing Sanchez was in a gun battle, also fired. The officers fired thirty-seven shots, hitting Hernandez twenty-two times and killing him. Hernandez was unarmed. Hernandez had methamphetamine in his system, and during the vehicle pursuit had driven over one hundred miles per hour, weaving through traffic, running red lights, and nearly hitting a pedestrian.
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