Court Rules Oakland Police Can Be Sued for 2022 Bystander Death

The 9th U. S. Circuit Court of Appeals ruled that the Oakland Police Department can be held liable for the death of Lolo Soakai, a bystander killed during an unauthorized police pursuit in 2022. This decision allows the family’s wrongful death lawsuit to proceed, presenting a significant challenge to the qualified immunity often granted to police officers in reckless pursuit cases. On June 26, 2022, rookie officers initiated a “ghost chase” after a suspect leaving a sideshow, resulting in a crash that killed Soakai and injured several family members.

The court found the officers had “affirmatively created danger,” suggesting their actions fell outside legitimate law enforcement objectives. This ruling could reshape the handling of police pursuits deemed reckless within the 9th Circuit. The City of Oakland has the option to appeal, which may further prolong legal proceedings. As of late 2024, both officers involved remained on the force despite efforts to terminate them. Governor Newsom's stance on pursuit policy adds further complexity to an already contentious debate.