In Hernandez v. City of Pomona, decided today, the California Supreme Court ruled that a federal court and jury's finding in a 42 U.S.C. section 1983 case that a police shooting of a suspect after a pursuit was reasonable collaterally estops the plaintiffs in that case from suing the police for negligently deciding to shoot the suspect. The court further held that the finding did not necessarily bar a theory that the officers negligently created the situation that led to the shooting. Under the facts of the case, however, the court concluded such a cause of action would not be viable.
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