42 U.S.C. (sec) 1983: High-speed chase: Inadequate pursuit policy, training: Wrongful death: Settlement

Law Reporter, Feb 1999

Colvin v. City of Gardena, U.S. Dist. Ct., C.D. Cal., No. CV 97-4896-HLH (MCX), Apr. 30,1998.

Two police cars pursued a car that had reportedly been in a minor hit-and-run accident. The pursued vehicle ran a red light and broadsided Colvin's car. After the crash, it was discovered that the driver being pursued by the police was 9 years old.

Colvin, 36, suffered fatal injuries. He is survived by a minor son. An autopsy revealed that Colvin had had a significant amount of cocaine in his bloodstream.

Colvin's son, through a guardian, sued the city, alleging the pursuit had been negligent because the driver had been involved in a minor traffic accident, rather than a felony. Plaintiff also claimed the pursuit policy was inadequate and did not comply with CAL. VEH. CODE 17004.7. Under that section, a public entity is immune from liability if its pursuit policy provides, among other things, (1) procedures for designating the primary pursuit vehicle and for determining the total number of vehicles allowed to participate in the pursuit and (2) guidelines for determining when the interests of public safety and effective law enforcement justify a pursuit and when a pursuit should not be initiated or should be terminated. Further, plaintiff alleged the police officers had not been properly trained regarding pursuits, in violation of 42 U.S.C. 1983.

Defendant contended (1) it was immune because its pursuit policy was adequate, (2) the pursuit had been properly conducted because the officers had used red lights and sirens and had believed the driver was under the influence and posed a danger, (3) the driver and his parents were at fault, and (4) Colvin had been driving under the influence of drugs. The trial court granted defendant summary judgment based on immunity.

A California appellate court had previously ruled that the city was not immune, finding its pursuit policy inadequate under sec 17004.7. Colvin v. City of Gardena, 15 Cal. Rptr. 2d 234 (Ct. App. 1992).

A second trial resulted in a mistrial. After a federal district court accepted removal of plaintiff's 1983 claim, the parties settled both the state and federal claims for $725,000.

Plaintiff's expert was Lou Reiter, police pursuits, Tallahassee, Fla. Defendant's experts were Ronald N. Moen, police pursuits, Gardena, Cal., and Sara K. Reddy, autopsy surgery, Los Angeles, Cal.

Plaintiff's Counsel:

*Michael J. Piuze, Los Angeles, Cal. [Comment: The sec 1983 action was based on Lewis v. Sacramento County, 98 F.3d 434 (9th Cir. 1996), which held that the proper standard to apply to high-speed police pursuits is deliberate indifference to, or reckless disregard for, a person's right to life and personal security. Within a month of the settlement, that case was reversed by the Supreme Court. County of Sacramento v. Lewis, 118 S. Ct. 1708 (1998), 41 ATLA L. Rep. 210 (Aug. 1998).]