Foster v. City of Fresno

FRESNO , CA ( July 15, 2005) – On Tuesday, July 12, the Federal Court issued an Order granting the City’s Motion for Summary Judgment in the Foster v. City of Fresno case. This case involved the officer-involved shooting of Eric Daniel Foster, Jr., that occurred on August 15, 2002.

The Order issued by U.S. District Court Senior Judge Robert E. Coyle dismisses the federal civil rights lawsuit filed by Irwin Foster, Anna Valles, Gloria Williams, Eric Daniel Foster, Jr., and Gloria Emonie Foster against the City of Fresno, Chief Jerry Dyer and Officer Russell Cornelison. Judgment was entered in favor of the City on July 13, 2005.

The Court specifically found that neither the City of Fresno nor Chief Jerry Dyer maintained any unconstitutional or negligent practices or policies in hiring, retention, training or supervision. With regard to Officer Russell Cornelison, the Court found that he was reasonable in his belief that Eric Daniel Foster, Jr., posed an immediate threat of serious harm to the officers. The Court, therefore, found that the shooting of Eric Daniel Foster, Jr., was justified. Accordingly, no constitutional violation of Foster’s rights occurred.

Andrew T. Souza , City Manager
Contact: Ken Shockley, Public Affairs Officer: (559) 621-7777