Jennifer Cruz v. the City of Anaheim
2014 U.S. App. LEXIS 16705
9th Cir.2014Background
- In December 2009, police were told Cruz was a gun-toting gang member selling meth; informant identified Cruz as 4 Cruz v. City of Anaheim, a parolee with firearm prior convictions.
- Anaheim officers stopped Cruz after noticing a broken tail light; he backed into a patrol car and stopped in a Walmart parking lot with weapons drawn.
- Cruz opened his door; officers shouted to get down; they claim he reached for his waistband and opened fire, firing about twenty shots in 2–3 seconds.
- Cruz’s body was found tangled in a seat belt with no weapon on him; a loaded nine-millimeter was later found in the passenger seat.
- Cruz’s relatives sued the City and officers for Fourth and Fourteenth Amendment claims and wrongful death; district court granted summary judgment for defendants.
- Plaintiffs sought to amend to include claims related to a similar shooting of another unarmed man (David Raya); the motion to amend was withdrawn.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper on excessive-force claims against Officers Phillips, Vargas, Stauber, Linn, and the Monell defendants | Cruz's heirs argue the officers' accounts are implausible; material circumstantial evidence disputes the officers’ story. | The officers’ sworn testimony, plus lack of contrary evidence, supports reasonableness of deadly force. | Reversed and remanded as to all but Brown. |
Key Cases Cited
- Graham v. Connor, 490 F.3d 386 (1989) (critical inquiry is what officer perceived; reasonableness under the circumstances)
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly-force rule when suspect poses no immediate threat)
- Scott v. Harris, 550 U.S. 372 (2007) (in deadly-force cases, judge must scrutinize officer’s story against record)
- Scott v. Henrich, 39 F.3d 912 (9th Cir. 1994) (reliability of officer testimony in survey of evidence)
- Gonzalez v. City of Anaheim, 747 F.3d 789 (9th Cir. 2014) (en banc; credibility considerations in evaluating officer accounts)
- Plumhoff v. Rickard, 134 S. Ct. 2019 (2014) (summary judgment standard in deadly-force cases; whether conduct was reasonable)