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PETERSON v. CITY OF LONG BEACH

Docket No. L.A. 30867.

24 Cal.3d 238 (1979)

594 P.2d 477

155 Cal. Rptr. 360

OTIS PETERSON et al., Plaintiffs and Appellants, v. CITY OF LONG BEACH et al., Defendants and Respondents.

Supreme Court of California.

May 16, 1979.

Attorney(s) appearing for the Case

COUNSEL

David R. Finch and Finch, Castello & Tennant for Plaintiffs and Appellants.

Amitai Schwartz, Margaret C. Crosby, Alan L. Schlosser, Fred Okrand, Nicholas B. Waranoff, Jacobs, Sills & Coblentz, Vilma S. Martinez, Morris J. Baller, John H. Erickson, Alice M. Beasley and Anthony G. Amsterdam as Amici Curiae on behalf of Plaintiffs and Appellants. Leonard Putnam and Robert W. Parkin, City Attorneys, and Robert E. Shannon, Deputy City Attorney, for Defendants and Respondents.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and Clifford K. Thompson, Jr., Deputy Attorneys General, Stephen Warren Solomon, William J. Ramey, Ralph B. Saltsman and Emanuel Cowitt as Amici Curiae on behalf of Defendants and Respondents.

OPINION

NEWMAN, J.

In 1972 Police Officer Vershaw shot and killed Roland Peterson. At the time of the killing Peterson was running from his apartment. Vershaw had responded to a radio call erroneously reporting a burglary in progress at the apartment. He approached with gun drawn. Peterson fled and was shot in the head. Vershaw had had no report of, nor did he see, any weapons, violence, or threat of violence at the apartment.

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