8/9/2019
AGC is extremely pleased to announce that judgment in the City of Chico and three Chico Police Officers' favor was entered in a federal civil rights lawsuit alleging wrongful death and use of excessive force under the Fourth Amendment.
Plaintiffs, heirs to the decedent, alleged that Chico Police Officers used excessive, unjustified and unlawful deadly force when confronting him in his home in 2017. Plaintiffs alleged nine claims, including a violation of the Americans with Disabilities Act - 42 U.S.C. § 12131. A unique ADA issue of whether the officers, in confronting the decedent who appeared to have mental issues and was armed with a weapon and presented an immediate threat, was entitled to reasonable accommodation prior to use of force, which included Chico officers shooting the decedent 11 times. The court agreed that the officers did not violate the ADA as argued by Mr. Colvin.
After extensive oral argument and lengthy briefing, the Court agreed with Mr. Colvin's legal arguments and granted the Motion for Summary Judgment on all nine claims.
Mr. Colvin specializes in civil litigation in defense of police officers and police departments. Mr. Colvin can be reached at (562) 699-5500 or at
rcolvin@agclawfirm.com.
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