Judge asks for more evidence in civil suit against Oakland, California Highway Patrol over fatal vehicle collision

The estate of Marvin Boomer, Jr. claims the city of Oakland and state law enforcement are liable for his death. SAN FRANCISCO (CN) — A federal judge in California Wednesday indicated he was likely to dismiss multiple claims brought by the estate of an Oakland educator who was killed last May after a vehicle that was being pursued by California Highway Patrol struck him. U.S. District Judge William H. Orrick said he was inclined to dismiss, with leave to amend, plaintiffs’ claims of state-created danger and deliberate indifference to allow for the individual California Highway Patrol officers who were pursuing the vehicle that fatally struck Marvin Boomer, Jr. to be named in the complaint. “This seems like a case against the CHP officers. It doesn’t seem like a case against everybody else,” Orrick said. The Barack Obama appointee further said the plaintiffs did not adequately state their Monell municipal liability claim and violations of California’s Bane Act, which permits lawsuits over interference with constitutional rights through threats, intimidation or coercion.

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