Police Department Denied Pursuit Policy Immunity

The Fourth District has held that a police department’s inability to show that its officers had received, read, and understood the department’s vehicular pursuit policy precluded a finding that the department was immune from liability for a bystander’s injuries sustained as the result of a high speed police chase.

During a high speed police chase, bystander Mike Morgan was struck and killed by the suspect’s vehicle. His wife and daughter, Rosemary Morgan and Michelle Luna, filed a wrongful death action against the Beaumont Police Department and the City of Beaumont.

The trial court granted the city’s motion for summary judgment, concluding it was immune from liability under Veh. Code §17004.7, which immunizes public entities from liability for injuries resulting from police pursuits of suspected criminals. In granting the motion, the court found the department had a "policy and procedure in place" for purposes of §17004.7.

The court of appeal reversed, holding that the city failed to show compliance with §17004.7.

Section 17004.7(b)(1) provides that a public entity is immune from liability for injuries resulting from a high speed chase where the public entity “adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits..." It was undisputed here that the department had a vehicular pursuit policy that complied with the minimum standards set forth in §17004.7(c). At issue, the court found, was whether the department had both "adopted and promulgated" such a policy and "provided regular and periodic training on an annual basis" on its policy, as required in subdivisions (b)(1), (2) and (d). The court found the city failed to show such compliance.

Section 17004.7(b)(2) unambiguously requires that "all peace officers of the public agency certify in writing that they have received, read, and understand" the agency's vehicle pursuit policy. Here, however, according to the city’s own witnesses, the department’s officers had been notified of the policy and a “vast majority” of them had confirmed by email their “receipt” of the policy. Even if all the officers had so certified, the court found, mere receipt was insufficient to comply with §17004.7(b)(2). The officers also had to confirm having both read and understood the policy. In the absence of any evidence from the department that its officers had received, read, and understood the department’s vehicular pursuit policy, the trial court’s grant of summary judgment in favor of the department was error.

Morgan v. Beaumont Police Department