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City wins partial victory in police shooting case
by John Tawa
A federal court judge Monday dismissed civil rights claims brought by the family of a man fatally shot by Manhattan Beach police, but determined that state wrongful death claims should proceed to trial.
Little was shot and killed by officers Karl Nilsson and Gus Valdes on Dec. 27, 1997 as he and three others, suspects in a violent assault moments earlier in Manhattan Beach, fled from police after a short pursuit that ended at the corner of Marine and Firmona Avenues in Lawndale. Little was shot in the back. No weapon was found on or near his body, but the Manhattan Beach assault victim later identified Little as the man who pistol-whipped him.
"I'm pleased with what the court did," said David Lawrence, who represents the city and its officers. "When you have probable cause that a fleeing felon poses a danger to officers or to others, you can shoot as a means of seizing him, not just in self defense. In this case, it was both."
Ernest Franceschi, who represents Little's mother, wife and minor children in the action, questioned the court's decision to dismiss the federal claims, but was pleased that the wrongful death claims would have their day in court.
"The state claims are easier to prove," he said. "It's a simple negligence test."
Franceschi also said that his clients might appeal the dismissal of the federal claims, which require a higher standard of proof but also award attorney's fees to a prevailing plaintiff.
"We can appeal the federal court claims dismissal and still go forward with the state claims," Franceschi explained.
Despite dismissing the federal claims, Judge District Court Judge Dickran Tevrizian deferred ruling on whether to hear the wrongful death claim or transfer jurisdiction to the superior court in Torrance. If he keeps the matter, it should go to trial in the next few months, something that will not happen if a trial in the Torrance court has to be scheduled.
A decision on the matter should be issued within the next couple of days. ER