Foster

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT.

On April 4, 2005, the Court heard Defendants’ motion for summary judgment or, in the alternative, for summary adjudication of certain issues. Upon due consideration of the written and oral arguments of the parties and the record herein, Defendants’ motion is GRANTED as set forth below.

I. Factual Background

This case centers around the death of Eric Daniel Foster (“Foster”), who was shot and killed by Fresno Police Department Officer Russell Cornelison. Plaintiffs are Foster’s parents, Irwin Foster and Anna Valles, and Foster’s minor children and surviving heirs at law, Eric Daniel Foster, Jr. and Gloria Emonie Foster, appearing by and through their guardian ad litem.

On August 15, 2002, Foster was shot and killed by Officer Cornelison. In the hours immediately preceding the shooting, there were four separate armed robberies in Fresno. All four victims indicated that the perpetrator was a black man with a gun who was in a white Chevrolet pick-up truck. Two of the four victims subsequently identified Foster from a photo line-up, and another victim’s wallet was found in Foster’s vehicle. The robberies were reported to the…