ⓘThis article reports on a matter of public interest. Carrazco Law, A.P.C. is not representing any party involved in this incident unless expressly stated.
Michael Rodriguez Killed in Santa Monica Police Shooting at Palisades Park
Michael Rodriguez: A single shot on Ocean Avenue after police say he approached officers with a knife
SANTA MONICA, CALIFORNIA (August 22, 2026): Michael Rodriguez, 44, died Saturday afternoon after a Santa Monica Police Department officer shot him in the 1400 block of Ocean Avenue at Palisades Park near Broadway, according to the Santa Monica Police Department. SMPD said officers were in the park at about 12:49 p.m. taking witness statements on a report of a man chasing a woman near the Broadway stairs when Rodriguez, who was not connected to that call, approached holding a large knife above his head with the blade pointed at officers, Canyon News reported. According to SMPD, he ignored repeated commands to drop the knife and advanced on an officer, who fired a single shot that struck him in the chest.
Officers applied a chest seal and chest compressions before paramedics took over, and Rodriguez was pronounced dead at a hospital at about 1:49 p.m., Canyon News reported. SMPD said three knives were recovered, according to ABC7. The Los Angeles County Medical Examiner ruled the death a homicide by gunshot wound to the chest. SMPD released body camera footage on September 12; ABC7 reported the video shows the man walking toward officers with the knife extended as an officer yells to put it down before firing. The Los Angeles County District Attorney's Office is reviewing the shooting, and SMPD Internal Affairs is conducting a separate administrative investigation, Canyon News reported. Police said Rodriguez was believed to be homeless.
Liability for Los Angeles County Police Shootings
The Fourth Amendment bars unreasonable seizures, and Graham v. Connor (1989) 490 U.S. 386 asks whether the force was objectively reasonable. California Penal Code § 835a is stricter: deadly force is permitted only when necessary to defend against an imminent threat of death or serious bodily injury. 42 U.S.C. § 1983 provides the federal claim against the officer and, under Monell v. Department of Social Services (1978) 436 U.S. 658, against the City of Santa Monica for a policy or training failure. The Bane Act, California Civil Code § 52.1, supplies a parallel state claim.
Distance and time: the body camera video will show how far Rodriguez was from the officer and how long officers had between the first command and the shot.
Less-lethal options: whether officers in a crowded park had a Taser, a beanbag launcher or space to retreat, and whether policy required trying them first.
Mental health: whether a crisis was apparent in a man described as homeless, and whether crisis responders were available, matters under § 835a.
Medical aid: officers reportedly rendered aid immediately, which investigators will confirm against the timeline.
If the evidence shows the shot was not necessary to prevent an imminent threat, Rodriguez's heirs could bring excessive force, Bane Act and wrongful death claims. Damages include loss of the relationship, funeral expenses, his conscious pain before death through a survival claim, and punitive damages under § 1983.
Steps to Take After a Los Angeles County Police Shooting
According to use-of-force data that California agencies must report to the California Department of Justice, hundreds of incidents each year end in death or serious bodily injury, and a significant share involve a person perceived to be armed with something other than a firearm.
Locate relatives: Rodriguez was believed to be homeless and no family statement has been reported; relatives should contact the Medical Examiner and an attorney promptly.
Download the released video: save SMPD's September 12 footage, note timestamps and request the unedited files from every officer's camera.
Find witnesses: Palisades Park was busy on a Saturday afternoon; people near the Broadway stairs or the Georgian Hotel may have cell phone video.
Request records: Penal Code § 832.7 and the California Public Records Act cover the incident report, dispatch audio and prior use-of-force records.
Track both reviews: the District Attorney decides on criminal charges and Internal Affairs on policy; neither review replaces an independent civil investigation.
Wrongful death and civil rights claims generally must be filed within two years under Code of Civil Procedure § 335.1. Because the City of Santa Monica is a public entity, a government claim must be presented within six months under Government Code § 911.2. Contact an attorney promptly to protect your rights.
Investigating Los Angeles County Police Shootings
We at Carrazco Law, A.P.C. extend our deepest condolences to the family of Michael Rodriguez. How far was Rodriguez from the officer when the shot was fired, and did officers have room to retreat or use less-lethal tools? Was Rodriguez in a crisis that a different response might have de-escalated?
Do you have questions about a Los Angeles County police shooting? Our team is here for you. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Legal Context
Applicable California Law
Fourth Amendment: Protection against unreasonable seizures, including excessive force, judged under Graham v. Connor (1989) 490 U.S. 386
California Penal Code § 835a: Deadly force only when necessary to defend against an imminent threat of death or serious bodily injury
42 U.S.C. § 1983: Federal civil rights claim against the officer and, under Monell v. Department of Social Services (1978) 436 U.S. 658, the City of Santa Monica
California Civil Code § 52.1 (Bane Act): State civil rights claim for interference with constitutional rights
California Public Records Act and Penal Code § 832.7: Public access to body camera video and records of police shootings
Liability Analysis
SMPD says Rodriguez approached officers with a large knife raised, ignored repeated commands and advanced on an officer, who fired once; the released body camera video reportedly shows him walking toward officers with the knife extended. Whether the single shot was necessary under Penal Code § 835a will depend on the distance, the time available and whether less-lethal options or retreat were possible in a crowded park. If those questions are resolved against the officer, the officer and the City of Santa Monica could face liability under 42 U.S.C. § 1983 and the Bane Act. The District Attorney's review and the Internal Affairs investigation are ongoing and no determination has been made.
Statute of Limitations
Wrongful death and civil rights claims in California generally must be filed within two years under Code of Civil Procedure § 335.1. Because the City of Santa Monica is a public entity, a government claim under Government Code § 911.2 must be presented within six months of the shooting before state law claims can proceed.
If You've Been Affected by a Similar Incident
Carrazco Law represents individuals and families affected by police shootings and officer-involved incidents across California. These cases involve complex federal and state laws including 42 U.S.C. §1983 (federal civil rights claims), Bane Act claims under California Civil Code §52.1, and government tort claims with strict deadlines (often six months from the date of incident under the California Government Claims Act). If you or a loved one has been affected by a similar incident, contact our office for a free, confidential consultation.
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Frequently Asked Questions
Who is reviewing the Santa Monica police shooting of Michael Rodriguez?
According to Canyon News, the Los Angeles County District Attorney's Office is reviewing the criminal investigation, and Santa Monica Police Department Internal Affairs is conducting a separate administrative investigation into whether the officer followed policy. Because police say Rodriguez was armed with a knife, the California DOJ's AB 1506 review, which applies to shootings of unarmed civilians, has not been reported. The family can pursue its own independent investigation and civil claim regardless of those reviews.
The body camera video shows Rodriguez holding a knife. Does the family still have a case?
Possibly. A knife does not automatically make deadly force lawful. Under Penal Code § 835a, the question is whether the shot was necessary to stop an imminent threat at that moment, which depends on distance, time, the availability of less-lethal tools and whether officers could create space. Courts also consider whether the person appeared to be in a mental health crisis. An attorney can analyze the unedited footage frame by frame.
What damages can the heirs of someone killed in a Los Angeles County police shooting recover?
Under California wrongful death law, heirs can recover the value of the lost relationship, including love, companionship and financial support, plus funeral expenses. A survival claim, brought by the estate, can recover for the pain the person consciously experienced before death. Under 42 U.S.C. § 1983, punitive damages against the individual officer and attorney's fees may also be available. Public entities cannot be ordered to pay punitive damages.
How does the six month government claim deadline apply to the City of Santa Monica?
Because Santa Monica is a public entity, Government Code § 911.2 requires that a written claim for wrongful death or other state law damages be presented to the city within six months of the shooting. If the claim is rejected or ignored, a lawsuit must then be filed within the time the rejection notice allows. Federal § 1983 claims do not require a government claim but are subject to the two year limit.
What if Michael Rodriguez's relatives have not been located or live outside California?
Wrongful death claims belong to specific heirs under California law, usually a spouse, children or, if there are none, parents or siblings. Relatives living in another state or country can still bring a claim through an attorney in California. The Los Angeles County Medical Examiner can confirm identification and release information to next of kin. Acting quickly matters because the six month government claim period is already running.
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This article is published by Carrazco Law News for informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Carrazco Law, A.P.C. Carrazco Law is not representing any party involved in the incident described above. If you have been affected by a similar incident, consult a licensed California attorney about your specific situation.
The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Carrazco Law, A.P.C. If you have been injured or have lost a loved one, please contact our office directly for a confidential consultation.
