By Howard Mintz
Contra Costa Times
SANTA CLARA, Calif. — A federal appeals court rejected a wrongful death lawsuit against the Santa Clara police department, finding officers acted reasonably when they shot and killed a young rapper who turned violent at a 2008 house party.
In a short ruling, two 9th U.S. Circuit Court of Appeals judges on Wednesday upheld an earlier decision by a San Jose judge who tossed the lawsuit filed by the family of Aziz Howard Raqmond James. James, considered a rising Bay area hip-hop star known as Almighty Aziz, stabbed two friends and a police dog before he was fatally shot by police who arrived at the scene.
James was hiding in a locked bedroom, blocking the door, when the officers responded to 911 calls from other partygoers. James’ family sued, arguing that police used excessive force and could have taken alternative steps to avoid his death.
But the 9th Circuit disagreed, saying, “Faced with a knife-wielding suspect, the officers were justified in their use of deadly force.”
9th Circuit Judge A. Wallace Tashima dissented, saying he would allow the lawsuit to proceed to trial because James did not pose an “immediate threat” to the police or others once locked in the bedroom. Tashima also expressed concern that police triggered the deadly force by unleashing the dog on James.
James’ family can ask the 9th Circuit to reconsider the case with an 11-judge panel.
Copyright 2011 Contra Costa Newspapers