GARCIA v. CITY OF SOUTH TUCSON

No. 2 CA-CIV 3893.

131 Ariz. 315 (1981)

640 P.2d 1117

Julian Roy GARCIA and Susan J. Garcia, individually and as husband and wife; and as next best friends of Michelle Lona and Michael Timothy Garcia, minors, Plaintiffs/Appellees, v. The CITY OF SOUTH TUCSON, a Body Politic, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 20, 1982.

Review Denied February 17, 1982.


Attorney(s) appearing for the Case

Richard D. Grand by James G. Heckbert, Tucson, for plaintiffs/appellees.

Stompoly & Even, P.C. by William G. Walker and Robert L. Murray, Tucson, for defendant/appellant.


OPINION

HOWARD, Judge.

I

On October 11, 1978, a team of officers from the City of South Tucson and the City of Tucson surrounded a house in South Tucson which was being occupied by a lone gunman who had been firing random shots from the residence. During an attempt to flush the gunman out, appellee Roy Garcia, a policeman for the City of Tucson, was shot in the back by a member of the South Tucson Police Department and, as a result, is now a paraplegic...

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