Manning Kass Obtains Summary Judgment in Federal Court

The Manning Kass Governmental Entity Liability team – including Los Angeles Partner Lynn L. Carpenter, Orange County Associate Jessica L. Becerra, Los Angeles Equity Partner Mildred K. O’Linn, and San Francisco Partner Maya R. Sorensen – earned another accolade obtaining summary judgment and complete dismissal on behalf of their officer clients in a recent federal civil rights case.

This case involved an officer-involved shooting, wherein police officers responded to a domestic violence call on June 8, 2019, and encountered a woman who had locked herself in a bedroom on the second floor. Officers were dispatched to the address after the reporting party called for assistance, indicating that the woman was combative, possibly having a mental health episode, armed with a knife, and had been drinking alcohol.

Officers responded to the scene and went upstairs to perform a welfare check on the woman. In an effort to check on her well-being, one officer knocked on the door and, in response, the woman yelled she wanted "to die a good death" and that "today is a good day to die." After repeated unsuccessful attempts to communicate and encourage the woman to open the door, one of the officers unlocked the door and opened it slightly. The officer immediately saw that the woman was standing facing the door, holding a long-handled axe at her waist with both hands. He immediately closed the door, and the woman stated, "Go ahead, make my day, pigs!"

The woman then swung the axe, striking the door three times, with the third blow causing the axe head to disconnect and travel through the door, narrowly missing two of the officers and hitting the wall opposite the bedroom door. As the officers began to retreat down the narrow staircase to reassess, the woman opened the bedroom door, armed with a large kitchen knife in her right hand.

One of the officers provided several verbal commands to the woman to stop and drop the knife; however, she refused to comply and instead quickly advanced toward the officer while wielding the large knife, stabbing and lunging at him. The officer, fearing for his life and that of the other officers, discharged his firearm, striking the woman. The officers immediately provided first aid and requested medical assistance for the woman, who later died at the hospital.

On August 9, 2024, United States District Court Judge Kirk E. Sherriff issued an order granting our motion for summary judgment, dismissing the entire action with prejudice.