SAN JOSE, Calif. (AP) — A federal judge has tossed out a lawsuit filed by the parents of a knife-wielding, mentally ill man who was fatally shot by San Jose police officers.
The San Francisco Chronicle reports (http://bit.ly/GzXSsS ) that U.S. District Court Judge Edward Davila in San Jose issued a ruling Monday that found the officers did not use excessive force or conduct an unreasonable search.
Police found Pham with a knife in his backyard on May 10, 2009 after responding to a report that he had slashed his brother's throat.
Authorities say officers opened fire when Pham lunged at officers.
Pham's parents filed suit, saying police went into the yard without a warrant should have diffused the situation.
But Davila found that Pham failed to heed repeated police warnings before shots were fired.
Information from: San Francisco Chronicle, http://www.sfgate.com
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