HomeMy WebLinkAboutAgenda Report - April 3, 1996 (42)4
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
RECOMMENDATION:
BACKGROUND:
Request that City Join Amicus Brief in ,juza v. City of
Antioch, a case before the Court of Appeal.
Apel 3, tci`ib
Deputy City Attorney
That the city join the amicus brief for Souza v. City of
Antioch, a case before the Court of Appeal.
For purposes of information, amicus curiae briefs are filed in various
actions which involve matters of wide ranging concern to provide
information and additional argument to the court.
This case arose when the City of Antioch Police Department responded to a call for service involving an individual
who had become despondent over a domestic dispute and barricaded himself in his home with his children. The
perpetrator, Joel Souza, threatened to harm the children and after a 12 -hour standoff with police negotiators, made
good on those threats by killing the children and himself. The surviving wife now claims that the negotiations were
negligently conducted.
The relevant issue addressed by this case is as follows:
When a police officer undertakes a hostage negotiation strategy, are those activities related to the negotiations
"discretionary acts" such that the officer will be afforded qualified immunity.
The trial court has granted summary judgment in favor of the City of Antioch and the case has been appealed by the
plaintiff. This case is important in that it appears to be the first case in California which will address police officer
immunity in the area of hostage negotiations. A verdict against the City in this case could greatly impact the ability
of police officers to effectively negotiate with barricaded suspects by setting a precedent that police officers can be
held liable when they fail to convince a barricaded suspect to surrender peacefully.
Chief Hansen concurs in this recommendation.
FUNDING: Not applicable.
APPROVED:
Res . ' ful submitt
A.i
/.Yohn M. Luehtierke, Deputy City Attorney
L.^ —
H. Non Flynn -- Citymanager,
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