OAKLAND — The family of a bystander who died during an unauthorized police chase three years ago in Oakland can move forward with a civil rights lawsuit against the officers behind the pursuit, the Ninth Circuit Court of Appeals decided Friday.
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Lolomania “Lolo” Soakai, 28, of Hayward, was killed on June 26, 2022, when Arnold Linaldi crashed into him as he waited at a taco truck on International Boulevard. At the time, Linaldi was being chased by Oakland police officers Walid Abdelaziz and Jimmy Marin-Coronel.
Several others were injured in the collision, including Linaldi and Soakai’s mother.
In a 48-page opinion, the panel affirmed a district court ruling that the officers are not entitled to qualified immunity.
The Soakai family claims the officers violated their constitutional rights by initiating and conducting the chase for the purpose of harming the fleeing suspect, as well as by failing either to call for emergency services or to render aid after the crash.
According to a complaint the family filed against the city in January 2023, the officers left the scene without documenting the “ghost chase” — a term for an unauthorized pursuit where officers do not use lights or sirens — to avoid scrutiny. The officers were also allegedly heard expressing satisfaction over the suspect’s injuries.
The appeals court held that officers may be held accountable under the Fourteenth Amendment’s due process clause when their conduct shows a “purpose to harm” that exceeds legitimate law enforcement objectives, even if bystanders and not just suspects are injured as a result, attorneys for the Soakai family said in a statement.
Attorneys said the panel also determined the family’s alternative claim — that the officers showed deliberate indifference by failing to provide or summon medical aid after the crash — was supported by established law.
“This is an important ruling for anyone harmed or killed because of dangerous police pursuits,” said Soakai family attorney Patrick Buelna. “The court affirmed that police officers can be held accountable when they engage in reckless chases that put innocent people in harm’s way.”
“And just as importantly,” he continued, “the court clarified that officers have a duty — not a choice — to provide medical care when their actions cause injuries to innocent bystanders.”
The city in 2014 adopted a policy against high-speed vehicle pursuits except in cases of serious or violent crimes, which also requires officers to weigh risks to the safety of other motorists or bystanders, according to the complaint filed in January 2023.
In Linaldi’s case, the car he was driving was suspected by officers of being involved in a sideshow in East Oakland.