|
4853 A battery claim against police officers, for injury sustained by plaintiff from being struck by fragments of bullets the officers shot at a suspect, fails if a similar action by the suspect would fail; as a matter of law, officers who shot at a murder suspect who had driven his car directly at two officers and then backed it rapidly toward one who had fallen to the ground were in reasonable fear that the suspect intended to run over the fallen officer, making their use of potentially deadly force against him reasonable; summary judgment for defendant was thus properly granted in plaintiff's battery and negligence actions against the officers.CitationBROWN v RANSWEILER (Police Shooting) 171 CA4 516 [See: PenC 835a; Piedra v Dugan 123 CA4 1483, T/AT 12/04; Munoz v City 120 CA4 1077, T/AT 8/04; Martinez v County 47 CA4 334, T/AT 8/96]
|
|
