Onossian v. Block (May 26, 1999)

* Court: Ninth Circuit

* Public Agency: Los Angeles County Sheriff's Office

* Defendant's Job Class: Deputy Sheriff

* Trial Court's Decision: In favor of defendant

* Ninth Circuit's Decision: In favor of defendant

* Attorney for Plaintiffs: Yagman & Yagman

* Attorney for Defendant: Los Angeles County Counsel's Office

* Issue Areas: Section 1983, automobile pursuits, due process

Onossian Facts

* On the evening of August 1991, driver X was driving erratically and at a fast speed in a 11muscle car" on a city street in Los Angeles.

* Two deputies in a patrol car pursued X; X fled.

* Another deputy joined the pursuit.

* X crashed into plaintiffs' car.

* The entire pursuit took about a minute; the deputies never went faster than 45 mph.

* The plaintiffs were severely injured.

Onossian Analysis

* The U.S. Supreme Court in County of Sacramento v. Lewis (1998) held that, in the context of a high speed chase, a due process violation will occur only if the purpose of the chase was not related to law enforcement.

* The Ninth Circuit applies this test even in the case of innocent, injured bystanders, such as the plaintiffs, since, regardless of whether it is suspects or bystanders who are injured, in either case the officer had to make a split-second decision.

* In this case, driver X, even prior to the pursuit, was endangering the public: the deputies were not trying to endanger the public; therefore, the plaintiffs' case was without merit.