The family of a man killed by police during an attempted arrest for a gang related murder has filed a wrongful death lawsuit against the city of Sunnyvale. The family contends the decedent did not attempt to run over the police officers and was not resisting arrest at the time of his death. The family filed a previous suit six months ago, but withdrew it after the city protested that it was too vague. The city plans to seek a dismissal of the case again. You can find one of the articles on this case here.
Sunnyvale is not the only city in California to face a similar lawsuit. In what would appear on its face to be a more compelling case invovling an innocent 20-year-old black man who had a wife and small child, a wrongful death lawsuit was filed against the city of Anaheim for fatally shooting this young man in his frontyard.
It is impossible to prejudge a case with knowing all of the facts. But absent other factors which very well may exist, Plaintiff’s wrongful death claim in the latter case seems strong.