This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Constitutional Law,
9th U.S. Circuit Court of Appeals

May 19, 2025

9th Circuit says Oakland officers can be sued in deadly taco truck crash

The divided appellate panel ruled that two Oakland police officers are not entitled to qualified immunity in a wrongful death suit brought by the family of a man killed during a high-speed chase. The court rejected the officers' argument that they only intended to harm the fleeing suspect, not bystanders. The ruling allows claims to proceed under the Fourteenth Amendment and sets up a potential precedent on liability for foreseeable third-party injuries.

9th Circuit says Oakland officers can be sued in deadly taco truck crash
Senior 9th Circuit Judge Susan P. Graber

A sharply divided 9th U.S. Circuit Court of Appeals panel ruled Friday that two Oakland Police Department officers are not entitled to qualified immunity after their car chase of a man led to him crashing into a taco truck, killing one man, and seriously injuring several other people.

Attorneys for the officers argued that they are entitled to qualified immunity, even though they allegedly fled the scene after the crash and returned later, because they never intended to injure th...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up