Hankla

Alan Ice, an off-duty Long Beach police officer, shot and nearly killed the driver of another vehicle following a heated verbal dispute over a trivial driving incident. The Long Beach Police Department terminated Ice’s employment on the grounds that Ice unnecessarily engaged in a traffic dispute that ultimately required police response; unnecessarily armed himself; and acted either negligently or intentionally by shooting the other motorist.

Ice appealed his termination to the Long Beach Civil Service Commission. After sustaining all but one of the charges against Ice, the commission incongruously reinstated his employment. We conclude that the civil service commission abused its discretion by reinstating Ice as a peace officer.

Facts

On the morning of September 28, 1991, Neil Cramer was driving his camper down a street in the City of Fountain Valley. With him were his 11-year-old child, Autumn, and his girlfriend, Elaine Lara. Suddenly, a child riding a bicycle fell into Cramer’s path. Cramer glanced briefly into his side mirror, then swerved into the adjoining traffic lane on the left to avoid striking the fallen child. He did not see a car in the left lane.

Moments…