Police Supreme Court

SCOTUS Will Not Hear Fatal Anaheim Police Shooting Case

Taylor Walker
Written by Taylor Walker

On Monday, the US Supreme Court chose not to hear a case involving a controversial fatal officer-involved shooting that sparked a week protests in Anaheim.

In 2012, Anaheim police officer Nick Bennallack shot and killed 25-year-old Manuel Diaz, who was unarmed. When Bennallack approached Diaz, the young man was talking with two people in an alley. When Diaz saw officers coming toward him, he ran away. The officers reportedly chased Diaz into an apartment complex, at which point, he turned toward the officers while his hands were out of view. Bennallack shot Diaz in the head and buttocks, reportedly fearing that Diaz was armed, although no gun was found at the scene.

In 2013, the Orange County District Attorney’s Office announced that Bennallack would not face charges in the fatal shooting.

Diaz’s mother, Genevieve Huizar, filed a civil lawsuit against the officer and the city of Anaheim, alleging that Bennallack used excessive force when he killed her unarmed son.

The Supreme Court decision lets stand a Ninth Circuit Court of Appeals ruling that Huizar’s lawsuit should be retried after a judge allowed the defendants to discuss “inflammatory” evidence of Diaz’s reported gang affiliation, criminal history, and past drug use.

The retrial is scheduled for October 2017.


Photo: Attorney for Diaz family argues before the 9th Circuit.

19 Comments

  • Because the context of gang membership, criminal history, and drug use won’t allow a jury to reasonably see the officer’s mindset. Good luck California. When crime continues to go up and arrests continue to fall, will your politicians still be scratching their heads as to why?

  • Charles, you forgot to tell them the sky is falling. Crime in California is at historic lows, probably the lowest in 35 years, yet our good men in uniform keep claiming that because they can’t beat or shoot people, the world is going to hell in a handbasket. Because black and brown youth talk back, all hell is breaking out. Stop it already. And, how original, he reached for his waistband. This is used so much I can’t help but think that its in some police manual.

    • “Reaching in, for and near his waistband” is old cliche along with a seeing a “shiny metal object” The latest rendition is “Stop resisting ” when the person is already handcuffed and restrained. That phrase also, has been well documented and exposed.

  • CF/Joe: Good points…….how bout not resisting an officer with a load gun in ur pants……some paranoid cop my mistaken believe you are trying to shoot him……I know……I’m really going out on a limb here…….

  • When cops shoot someone reaching for a gun they actually find discarded or in their waistband you never heard from these cop hater trolls..Not.One.Word. When they are gunned down by gangsters same silence from the trolls. They have no standing, never have and never will.

  • Let’s not forget the 15 year old who was shot in the back of the head and killed by a cop in Texas last week. Only problem is that the cop lied and the Police Chief backed his story, untold the body cam showed otherwise. Granted these actions are (hopefully) not the norm and definitely makes the good cops look bad. Liars never win and winners never lie

  • The car initially backs up toward officers than takes off and the officer shoots, yeah bad shoot with a tragic outcome. Will any of the trolls speak up even once as cops are gunned down around are nation or just point these instances out to us? Eight Detroit cops shot since September, nothing to see here folks, just keep the line moving.

  • Joe: When a doctor or lawyer screws up….does that also refect on the entire profession or just the incompetent doctor or lawyer?

  • CF, I would suggest a ride along with a diversified Law Enforcement Agency. I’ve learned first hand to call a spade, a spade. I would never back or speak for any wrongdoing individual which would include a fellow cop. That was part of the demise of LASD. I would hope that Bandwagon would not have back any of Tanaka B.S., be it murder or conspiracy.

  • Talent: I was a supervisory nightmare. I routinely called out unethical supervisors. It helped contribute to my earlier than planed retirement. When I was 15. I came off the hood of an LAPD officer who immediately put me in a bar arm. It caught my attention and pointed me in the right direction. Lesson learned.
    If I was still working, be more than willing to take CF on a ride a long!

    • Copy that. As an 18 year I was slapped by a Gang Squad Officer, back East. I was smirking during a detention when the slap happened. No harm, no foul. That next year I started the Police Academy becoming a Police Officer several years before moving West to Cali.

  • @Sure Fire- If a cop shoots someone trying to shoot him, you are right, you will not hear from me. If a gangster guns one down, you are correct, you will not hear from me. In the former instance, you are doing your job and I cannot complain. In the latter instance, the gangster committed a crime and he will go to prison. The difference is that your are a public servant on the public dime; we do not pay you to smack people, we do not pay you to shoot people in the back. We do not go back to the kid at Burger King and praise him because he prepared my burger the way I asked for it, its expected, that is his job. Similarly, don’t expect kudos for doing your job; its expected. Please, just do your job, do it well and have respect for the public. Remember, you are there to protect and to SERVE. That is it.

    @ Bandwagon – the Difference is lawyers and doctors do not rally around a doctor or a lawyer who did wrong. Second, the lawyers and doctors do not have the union you have. Thirdly, doctors dont just malpractice on black or brown people because they are black or brown. They are bad doctors with whomever lies on the operating table. Same for the lawyer, he may steal from his clients, but doesn’t steal from only black or brown clients. In fact, the only color a crooked lawyer sees is green. In fact, every month in California you may have a dozen or two attorneys getting disbarred, losing their license. How many cops lose their badge?

    @Talent Scout- You are right, it would not happen. Bandwagon would’ve probably kicked my ass and I would probably end up suing him and the department. I’m just glad he is retired. Sound like our streets are safer.

  • CF: Your values are warped my friend….I can only hope that someday the light turns on……by the way….unlike you ……when I got choked out by a Mexican LAPD cop as a teenager…I did not assume all Mexican cops were out to beat white people…..

  • Preparing a burger is something you equate to being shot at? Actually I am there to smack the hell out of people at times, don’t think so, that’s because you’re a proven idiot. This is why you are nothing but a cop hating racist little troll whose comments are meaningless.

  • Surefire, don’t take things so personally. You are too thin skinned to be a police officer. And, you are poor at reading comprehension. I did not equate getting shot to preparing a burger. The point is that you should not expect any praise for doing your job or for doing your job properly. It’s your job, for god’s sake. You are getting paid for it. That is compensation enough. Why should you expect any praise? But, you screw up, expect someone to point it out. It’s like that in every job. You were so used to your cushy government job with a strong union that now that people point out your screw ups you get upset. Welcome to the real world. Let us move on to the next subject/post. Have a nice weekend.

  • Cushy government job? This is what makes you such a punk CF. You have no idea of the injuries officers have had to battle back from to keep working, including me, to continue in their “cushy government job” knowing we might just receive one we can’t recover one and that so many gutter types like you will cheer when it happens. No idiot, my reading comprehension is just fine and your hate is all you ever have to respond with. Not thin skinned at all, just able to make people look like the fools they are and with you it takes no effort. You are continually on tilt.

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