Los Angeles Wins Appeal After Police Chase Destroys Print Shop
Carlos Pena, a store owner, sought compensation from the city of Los Angeles after a police pursuit of a fugitive caused significant damage to his print shop. The Ninth Circuit Court of Appeals recently affirmed the lower court's decision, dismissing Pena's claim under the Fifth Amendment's Takings Clause.
Pena, represented by the Institute for Justice and Bona Law, argued that the city should compensate him for damages amounting to at least $60,000. However, the federal appeals panel ruled against him, stating that a store owner cannot sue the city for such damages in this context.
The majority opinion, written by Judge Mark Bennett, traced the history of just compensation from the Magna Carta to the American Revolution. It noted that James Madison authored the Takings Clause to protect property rights. Bennett argued that the Takings Clause does not require compensation when it is objectively necessary for officers to damage or destroy property in an active emergency to prevent imminent harm to persons. Judge Michelle Friedland, in her concurrence, further supported this decision by stating that the Los Angeles police's actions fell under the search-and-arrest privilege, which serves as a limitation on property rights.
The Ninth Circuit Court of Appeals dismissed Carlos Pena's claim, affirming the lower court's decision. The court ruled that the city of Los Angeles is not obligated to compensate Pena for the damages to his print shop, as the police actions were necessary to prevent imminent harm during an active emergency.
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