Anaheim Police Lawyers Tell Federal Judge That Manuel Diaz Killing Was Righteous

Manuel Diaz Anaheim police 8.jpg
The wrongful death lawsuit against Anaheim, the city's police chief and a cop who killed an unarmed, fleeing Latino suspect in July has been transferred from Orange County Superior Court to the courtroom of U.S. District Court Judge James V. Selna.

Originally filed in state court on Oct. 9, the lawsuit by relatives of deceased 24-year-old Manuel Diaz cites negligence, negligent hiring and deprivation of civil rights under the color of law. Damages of $50 million are sought for a killing that helped spark a summer of angry, anti-police brutality protests in Anaheim.

The plaintiffs allege that the Diaz killing is an example of excessive force.

In response, lawyers for Anaheim, Chief John Welter and Officer Nick Bennallack, who fired the fatal shots, have told Judge Selna that the killing was justified after Diaz, a parolee, "willfully, maliciously, unlawfully and wrongfully interfered with the lawful orders of a police officer and purposefully resisted detention." 

Steven J. Rothans and Jill Williams, the lawyers representing Anaheim, also wrote, "The conduct of defendant's employee (police officers) was in the interests of officer safety, self-defense, defense of others and in defense of property."

Anaheim Police Department logo .jpg
Police: Don't run from us or you'll die
According to Rothans and WIlliams, the lawsuit should be barred because the plaintiffs have not complied with state and federal rules to bring wrongful death cases against police.

Both sides are demanding a jury trial inside the Ronald Reagan Federal Courthouse in Santa Ana, but no date has been set.

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I am an Anaheim resident, since I was 12 yrs old. and seen a lot of discrimination. The DA works hand to hand with police and they help eachother out, thats nothing new. Diaz was a gang member, but he wasnt wanted. He wasnt confronting police, instead he ran AWAY to avoid a drug paraphinelia charge that would of put him 3-6 months in jail. instead ROBO COP  thinks its cool to shoot an unarmed man and lie about his motive. gangmember or not cop is not judge and jury, Liberty and Justice for all???? this is just so wrong in so many levels. Coverup to the max. Police are liars because the Law allows them to lie. No respect for the thug cops. 


Is it wrong to hope that some Anaheim officers will end up on the Officer Down Memorial Page soon?


Laws are a new concept in modern west america. 


Although old fashion Saloons still thrive plentiful here.


Ape for brains applies to both male and female. 

paullucas714 topcommenter

How come it went from state court to federal court?

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