Berman

Plaintiff David Berman appeals from a summary judgment entered in favor of defendants City of Daly City (Daly City) and Police Officer Joseph Crivello on his complaint for damages for personal injuries and for violation of his civil rights which occurred when the car of a fleeing criminal suspect being pursued by Officer Crivello struck a car driven by Berman. In granting summary judgment, the trial court ruled (1) that as to Berman’s state cause of action, both Officer Crivello and Daly City were immune from liability (Veh. Code, §§ 17004, 17004.7), and (2) that as to the federal civil rights cause of action under 42 United States Code section 1983 (hereafter section 1983), no facts existed upon which to state a claim that Berman’s constitutional rights had been violated.

In his appeal, Berman contends, inter alia, that Daly City’s vehicular pursuit policy does not provide sufficiently specific guidelines for initiating and terminating vehicular pursuits so as to render Daly City immune from liability under section 17004.7, subdivisions (b) and (c)(4). Concerning his federal claim, Berman argues (1) an innocent third party injured in a vehicular pursuit has a Fourteenth…