Weekly Law Resume - July 7, 2011: Dismissal of Wrongful-Death Suit Upheld Where SWAT Team Use-of-Force During Hostage Situation Found Reasonable

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Lorena Lopez v. City of Los Angeles Court of Appeal, Second District (June 13, 2011)

This case addressed whether Los Angeles police officers acted reasonably in an incident that led to a fatal shooting. After affirming that Fourth Amendment excessive force claims and common-law unreasonable use of force claims against law enforcement are judged by the same standard -- whether or not the force was objectively reasonable under the circumstances -- the Court found the officers involved acted reasonably.

On July 10, 2005, Plaintiff/Appellant Lorena Lopez ("Plaintiff") contacted the police and reported that Raul Pena had threatened to kill Plaintiff, himself and his step-daughter Ilsy.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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