ⓘ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.
Man Shot and Killed by Police During Welfare Check at San Leandro
Unknown Killed in San Leandro Officer-Involved Shooting
Unknown: Man Shot and Killed During Welfare Check at San Leandro Marina
SAN LEANDRO, CALIFORNIA (May 8, 2026): A man was shot and killed by San Leandro police officers during a welfare check at the San Leandro Marina after allegedly pointing a firearm at officers. Three officers were involved in the shooting, and none were injured. The incident is under investigation by the California Department of Justice pursuant to AB 1506.
Liability for Alameda Officer-Involved Shootings
Under 42 U.S.C. § 1983, police officers and municipalities can be held liable for civil rights violations committed under color of law. The U.S. Constitution, Amendment IV protects against unreasonable seizure, while California Penal Code § 835a establishes standards for peace officer use of force. The California Civil Code § 52.1 (Bane Act) provides additional state civil rights protections. The Graham v. Connor (1989) 490 U.S. 386 standard requires that force be objectively reasonable under the circumstances.
Failure to De-escalate: Officers may not have used required de-escalation techniques.
Excessive Force: The level of force may be disproportionate to any perceived threat.
Lack of Warning: Officers may not have given adequate warning before using force.
Mental Health Crisis: Persons in mental distress require specialized response.
Families may pursue claims for wrongful death, constitutional violations, and negligence. Damages can include economic losses, pain and suffering, and punitive damages where constitutional rights are violated.
Steps to Take After a Alameda Officer-Involved Shooting
According to the California Department of Justice, there were 115 officer-involved shootings in California in 2023.
Request body camera footage through a California Public Records Act request.
Seek the involved officer's use-of-force history and prior complaint records.
Request the incident report and any internal affairs investigation documents.
File a government tort claim within 6 months of the incident.
Consult a civil rights attorney before making any statements to investigators.
Statute of limitations: 2 years, California Code of Civil Procedure § 335.1. For claims against government entities: Government claim deadline: 6 months, California Government Code § 911.2. Contact an attorney promptly to protect your rights.
Investigating Alameda Officer-Involved Shootings
We at Carrazco Law, A.P.C. extend our deepest condolences to the family of Unknown. What de-escalation techniques were attempted before lethal force was used? Were the officers properly trained to handle mental health emergencies?
Do you have questions about a Alameda officer-involved shooting? Our team is here for you. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Legal Context
Applicable California Law
42 U.S.C. § 1983, Federal civil rights liability for actions under color of law
U.S. Constitution, Fourth Amendment: Protection against unreasonable seizure
California Penal Code § 835a: Standards for peace officer use of deadly force
California Civil Code § 52.1 (Bane Act): State civil rights protections
California Government Code § 845: Limited immunity for police officers acting within scope of employment
California Government Code § 820.2: Liability for injuries caused by act or omission constituting breach of mandatory duty
Graham v. Connor (1989) 490 U.S. 386: Objective reasonableness standard for use of force
Liability Analysis
Officers and the municipality may potentially be held liable if the investigation establishes that the use of deadly force was objectively unreasonable under the circumstances, that required de-escalation techniques were not employed, or that officers failed to follow proper protocols for responding to individuals in mental health crisis. Liability could arise under federal civil rights law or California state law, depending on whether the force used was proportionate to any actual threat and whether adequate warnings were given.
Statute of Limitations
Claims for wrongful death and civil rights violations must generally be filed within 2 years of the incident under California Code of Civil Procedure § 335.1. However, a government tort claim must first be filed with the appropriate public entity within 6 months of the incident under California Government Code § 911.2. Failure to meet the 6-month government claim deadline may bar any subsequent lawsuit.
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.
Free, confidential consultation · Se Habla Español
Frequently Asked Questions
How long do I have to file a claim after a police shooting in California?
You must file a government tort claim with the city or county within 6 months of the incident under California Government Code § 911.2. After the claim is filed, you generally have 2 years from the date of the incident to file a lawsuit if the claim is denied or not acted upon. Missing the 6-month government claim deadline can permanently bar your right to sue, so it is critical to consult an attorney immediately.
What is required for police to lawfully use deadly force in California?
Under California Penal Code § 835a, deadly force may only be used when it is objectively reasonable and necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person. Officers must use de-escalation techniques when feasible and give warnings before using deadly force if it is safe and reasonable to do so. Whether force was lawful depends on the totality of circumstances known to the officers at the time.
Can a family sue the police department if their loved one was killed during a welfare check?
Yes, families may potentially file a wrongful death lawsuit under California law and a federal civil rights claim under 42 U.S.C. § 1983 if the use of force violated the decedent's constitutional rights. However, a government tort claim must first be filed within 6 months. Liability may exist if the investigation reveals that officers used excessive force, failed to de-escalate, or did not follow proper procedures for responding to individuals in mental health crisis.
What damages can be recovered in a police shooting wrongful death case?
If liability is established, families may recover economic damages such as lost financial support, funeral and burial expenses, and loss of household services. Non-economic damages for loss of companionship, comfort, and emotional suffering may also be available. In cases involving clear constitutional violations, punitive damages may be awarded against individual officers, though government entities are typically immune from punitive damages under California law.
How can I obtain police body camera footage and investigative records?
You can request body-worn camera footage, incident reports, and other records through a California Public Records Act (CPRA) request submitted to the police department. Under California Penal Code § 832.7, certain records related to use of force and officer misconduct must be disclosed. However, agencies may assert exemptions or redact portions of records. An attorney can help navigate the CPRA process and, if necessary, file a petition to compel disclosure.
Were You Affected? We Can Help.
Our civil rights and personal injury attorneys are available 24/7. No fee unless we win.
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.
