Martinez v. County of Los Angeles

In Martinez v. County of Los Angeles (1996) 47 Cal.App.4th 334, police officers who had just arrested and handcuffed two juveniles for spray-painting graffiti on a store were faced with a man holding a carving knife with an eight-inch blade in positions ranging from "waist high with the blade pointed skyward to by his head above his shoulders." (Martinez, supra, 47 Cal.App.4th at p. 340.) The man walked toward the officers in a "slow, stiff, rigid, deliberate, lethargic and mechanical" manner, apparently oblivious to the traffic through which he walked. (Id. at p. 339.) The officers believed he was under the influence of PCP and knew that a person taking PCP can have extraordinary strength and a high pain tolerance. The officers drew pistols and told the man to stop and drop the knife; he continued to advance, shouting, " ' "Go ahead, kill me or I'm going to kill you" ' and ' "Shoot me. Shoot me." ' " (Id. at p. 340.) Although the officers repeatedly retreated and told the man to drop the knife, he continued toward them, appearing to one witness as though he wanted to stab them. When he came within about 10 to 15 feet of the officers (and juveniles they had handcuffed), the officers shot him. (Ibid.) Martinez concluded the shooting was objectively reasonable because the man continued to advance despite repeated warnings to stop and stated his intention to kill the officers. Martinez was decided as a summary judgment. The complaint in that case stated causes of action for violation of civil rights (42 U.S.C. 1983) and wrongful death. The federal causes of action were held to be barred by the officers' qualified immunity, because the use of deadly force was reasonable. (Martinez, supra, 47 Cal.App.4th at p. 344.) The state wrongful death claim was held to be barred because, since the officers acted reasonably in shooting the man, the homicide was justifiable. Under Penal Code section 196, a homicide committed by a police officer is justifiable if it was " 'necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty' ..." (47 Cal.App.4th at p. 349.) "There can be no civil liability under California law as the result of a justifiable homicide. " (47 Cal.App.4th at p. 349.) Because the homicide was justifiable, the officers were also immune under Government Code section 820.2. (47 Cal.App.4th at p. 349.)