SAN FRANCISCO _ A police department with a policy requiring 100 percent of officers to certify they read and understood the agency's policy on vehicle pursuits is not liable for an accident even if all the officers failed to sign, the California Supreme Court decided unanimously Monday.
In a decision written by Justice Ming W. Chin, the state high court interpreted California law to require policies mandating 100 percent officer certification to be enough for a department to be immune from a lawsuit.
The ruling stemmed from a lawsuit against the city of Gardena by the mother of a passenger in a truck that police were pursuing for a cellphone robbery.
About a minute into the pursuit, a Gardena officer rammed the truck, causing the death of a 19-year-old passenger.
The mother of the young man sued, citing a 2005 state law that police agencies could retain liability from accidents triggered by chases only if the departments had a police pursuit and required all its officers to certify in writing that they had read and understood.
Gardena had a pursuit policy, but about 10 percent of its officers had not certified they had read it.
Monday's ruling was a victory for Gardena. State law says departments can avoid liability if they have pursuit policies requiring 100 percent compliance, but they don't have to show that every officer met the requirement, the court said.
