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FMG Law Blog Line

California Attempts to Change Standard of Liability for Use of Force Claims

Posted on: August 29th, 2019

By: Sara Brochstein

Earlier this month, California enacted a new measure that goes into effect in 2020 altering the use of deadly force standard for law enforcement officers. The law was originally introduced in response to the March 2018 shooting of Stephon Clark in Sacramento.

The new standard dictates that the use of deadly force is acceptable only when it is “necessary in defense of human life” and no other alternatives are available.  And in determining whether deadly force is necessary, officers are required to evaluate each situation in light of the particular circumstances of each case and use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.

This is a departure from the federal standard of whether the officer’s use of deadly force was “objectively reasonable” as addressed by the Supreme Court in Tennessee v. Garner (1985) and Graham v. Connor (1989).  However, the new law fails to set forth a specific definition of “necessary,” which would leave interpretation to the courts on a case-by-case basis. Thus, while many view the new standard as “heightened,” it remains to be seen whether it will yield different results.

If you have any questions or would like more information, please contact Sara Brochstein at [email protected].

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