Can a sheriff's deputy be held liable for the killing of a man who was shot and killed by a deputy during a traffic stop?

California, United States of America


The following excerpt is from People v. Caldwell, 203 Cal.Rptr. 433, 36 Cal.3d 210, 681 P.2d 274 (Cal. 1984):

13 If the deputies had opened fire unreasonably, their firing would have constituted an intervening cause sufficient to relieve appellants of liability for the killing. "[T]he victim's self-defensive killing or the police officer's killing in the performance of his duty cannot be considered an independent intervening cause for which the defendant is not liable, for it is a reasonable response to the dilemma thrust upon the victim or the policeman by the intentional act of the defendant or his accomplice." (People v. Gilbert, supra, 63 Cal.2d at p. 705, 47 Cal.Rptr. 909, 408 P.2d 365, emphasis added.)

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