Judge delivers setback for law enforcement in Harmon case - Half Moon Bay Review
A U.S. District Court judge last week denied a key element of a motion to dismiss a civil suit against the county and city government, the San Mateo County Sheriff’s Office and the deputies who shot and killed Sandra Harmon in a Half Moon Bay parking lot in the spring of 2020.
In a decision delivered on Jan. 19, Judge Vince Chhabria wrote that it was plausible to believe Deputy David Dominguez, one of two officers to shoot the 56-year-old woman suffering from mental health issues, acted “with a purpose to harm unrelated to a legitimate law enforcement objective.” The judge noted that video evidence established that Dominguez shot Harmon in the back, while her hands were raised over her head, and that that shot was fatal.
While allowing the suit to move forward in that instance, the judge dismissed a claim against Deputy John Baba. He also shot Harmon that night. Baba came upon the shooting scene 20 seconds after Dominguez’s first shots were fired, and Baba shot Harmon as she lunged for her gun.
The ruling denied the legal concept of “qualified immunity” for Dominguez’s actions. Police officers and other government agents are considered to have qualified immunity from monetary damages so long as they don’t violate constitutional rights that are “clearly established” in the normal course of their duties.
Advocates argue that police must have protection from frivolous lawsuits since they are often called to chaotic, violent scenes. However, many who support police reform say qualified immunity literally gives bad cops a license to kill. The legal doctrine has been used successfully hundreds of times throughout the United States to protect police from damages in situations like the Harmon case, and last week’s ruling in the Northern District of California was unusual.
Chhabria also denied motions to dismiss from the city of Half Moon Bay and San Mateo County pending findings on the constitutional claims in the case. Often, government agencies are dismissed from such claims so long as they are not found negligent and that their training doesn’t directly lead to illegal acts.
Last week’s ruling does not end court proceedings in the case brought by Harmon’s daughter, Sarah Gatliff, on behalf of her mother’s estate. The case is now in discovery and set for trial in fall of 2023. The civil case could also be settled before it gets to trial.
source: https://www.hmbreview.com/news/judge-delivers-setback-for-law-enforcement-in-harmon-case/article_49dd8f28-7ecd-11ec-98af-ab3d24acd224.html
Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.