Facts

In the late evening of May 26, 2020, officers of the Long Beach Police Department ("LBPD") were dispatched to a burglary in progress at a cannabis cultivation facility located in an industrial part of the City of Long Beach. LBPD officers arrived at the facility at approximately 11:00 pm. At this point, it was known that there were multiple suspects inside the facility who had been captured on surveillance video cutting cannabis plants and bagging them into large plastic bags. The facility owner reported that no one other than the suspects was present at the facility.

Another responding officer noticed one of the vehicles parked near the facility begin to drive away. The officer initiated a vehicle pursuit and began chasing the vehicle with the assistance of the Air Support Unit ("ASU"). Around this time, another officer announced on police radio that he had two suspects at gunpoint in the facility. At one point, the pursuing officer lost visual contact with the fleeing vehicle, but, spotted the fleeing vehicle moments later and resumed the pursuit. The officer observed the fleeing vehicle "black out and shut off its headlights and taillights," as it began to travel on the 103 freeway at 85-90 miles per hour. The officer continued chasing the fleeing vehicle as it exited the freeway. Other officers began pursuing the fleeing vehicle, as it entered the 710 freeway, where it was maneuvering between vehicles and traveling at more than 100 miles per hour, with its headlights and taillights off.

The fleeing vehicle exited the freeway into a residential neighborhood, and was traveling at in excess of 80 miles per hour. At that time, the decedent was walking his dog near the intersection of Magnolia Avenue and 6th Street, just outside of the apartment building where he resided. This intersection is in a residential neighborhood and has only one lane of traffic in each direction. The decedent was crossing the street in a marked crosswalk on a green light. The fleeing vehicle, which was still "blacked out" and while being pursued by officers at a high rate of speed, ran the red light at Magnolia Avenue and struck the decedent and his dog. The decedent's body was tossed approximately 247 feet and his clothes were scattered throughout the street. The decedent's body was found wedged against the rear bumper area of a vehicle parked on 6th Street. The decedent's dog was thrown approximately 195 feet, eventually coming to a stop when its leash became lodged under the tire of a parked vehicle.

The suspect continued fleeing until his vehicle collided into a fence and bushes. The suspect was apprehended shortly thereafter. The vehicle's "black box" indicated the vehicle was traveling at 89 miles per hour at the time of impact.

Six other suspects were apprehended in connection with the burglary. None of the suspects had firearms or other weapons.

PLAINTIFF'S CONTENTIONS: There was no need to immediately apprehend the fleeing suspect, since he was suspected of a nonviolent crime and there was no indication he was about to commit another crime. Accordingly, the officers should have terminated the pursuit when the suspect was on the 710 freeway, with lights off and exiting into a residential area at a high rate of speed.

The primary pursuing officer testified in deposition that he would have terminated the pursuit had the collision not happened as the suspect was "running a red light at a high rate of speed, obviously is not safe...I mean, just the speeds, driving in the downtown area, I mean, it's not safe for other people involved." The other officers acknowledged that 6th Street is a residential neighborhood right off the exit of the 710 freeway. The other officers involved acknowledged that, since Air Support Unit ("ASU") was following the suspect, it would have been possible for patrol vehicles to terminate ground pursuit and allow ASU to follow the suspect in surveillance mode. If it was determined that it was absolutely critical to immediately apprehend the suspect (as opposed to potential later apprehension), ASU could have followed the vehicle in surveillance mode, directing patrol officers to trail the vehicle, perhaps on parallel streets, set a parameter and block off the suspect in a safer location, rather than forcing the suspect to travel at increasingly higher speeds in a residential area, creating significant risks to not only those directly involved in the pursuit but also innocent bystanders.

Instead of terminating the pursuit while on the 710 as the suspect was speeding past other vehicles and exiting into a residential neighborhood, officers continued to pursue him, knowing that the burglary in question was a nonviolent crime and other suspects were already apprehended or in the process of being apprehended, and having no information that the fleeing suspect was armed or intended to commit other crimes.

DEFENDANT'S CONTENTIONS: The City of Long Beach contended that it was immune from liability under Vehicle Code sections "17001, 17004, 17004.7, 21055, and 21056, and all other immunities for the operation of an emergency vehicle."

Result

The case settled for $1.5 million.