In what circumstances will a police officer be allowed to appeal his decision not to shoot a civilian?

California, United States of America


The following excerpt is from Gordon v. Horsley, 102 Cal.Rptr.2d 910, 86 Cal.App.4th 336 (Cal. App. 2001):

In this respect, the present case is similar to Hopson v. City of Los Angeles (1983) 139 Cal.App.3d 347. There, Los Angeles police officers shot and killed a citizen in an on-duty incident. The shooting review board concluded the shooting was "in policy" and the chief of police adopted the review board's conclusion. The board of police commissioners then independently investigated the matter and rendered a contrary report. The commissioners concluded the officers' actions violated department policy, and that the officers made "serious errors in judgment, and in their choice of tactics, which contributed to the fatal shooting." The officers at issue were not afforded an administrative appeal to challenge the report. (Id. at pp. 349-350.)

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