A federal judge has determined that a San Diego police officer was reasonable in his use of deadly force against an unarmed man in a Midway District alley, a ruling that ends a civil rights lawsuit brought by the man’s family.

U.S. District Judge William Hayes’ order, issued Monday, comes four months after lawyers for the city of San Diego and the family of Fridoon Nehad argued in San Diego federal court over the city’s request for summary judgment.

Nehad, 42, was shot by Officer Neal Browder after a mere 33-second encounter on April 30, 2015.

An employee at an adult bookstore had called to report a man threatening people with a knife. Browder testified in a deposition that he pulled into a nearby alley and saw a couple of civilians and the suspect. He confirmed the suspect’s description with dispatchers, and “that’s when I noticed that it appeared to me that he had a knife in his hand, and that’s when I threw the mic in the passenger seat and then put the car into park, and that’s when I got out of the car,” he testified.


Nehad slowly walked toward the officer and the car. Browder already had his gun pulled.

The officer said he didn’t remember shouting any commands at Nehad, but witnesses reported that he did.

“When I saw him as he was aggressing me, he didn’t slow down. ... It appeared to me he was definitely focusing on me and was walking toward me with that purpose — with a purpose. ... I felt that he was walking — he was walking to stab me with the knife because that’s what I saw. That’s what I saw in his hand.”

Within five seconds of getting out of his patrol car, Browder fired on Nehad, hitting him in the chest.


Nehad turned out to have a pen in his hand, not a weapon.

Browder did not turn on his body camera at the time, but the incident was captured by a surveillance camera on a building.

Lawyers for Nehad’s family argued that the officer created a tactically unsafe environment from the start and that Nehad posed no reasonable threat when he was shot. The investigation found that Nehad was about 17 feet away when the shooting occurred, more than enough space for the officer to have used other less-than-lethal devices, argued Dan Miller, one of the family’s attorneys. The officer also could have moved farther away, taken cover behind his patrol car or waited for backup, the lawyer added.

But the judge ruled that the officer’s response was reasonable under the law.


“The Court concludes that the objective facts in this record support Officer Browder’s belief that the suspect was advancing toward him with a knife and posed an immediate threat to his safety,” Hayes ruled.

In a statement Tuesday, Police Chief Shelley Zimmerman said no officer wants to be involved in a shooting.

“Our officers put on their uniforms every day to protect and serve our community. This case was no different,” Zimmerman said. “We are pleased the judge looked at the facts and made the right decision in this tragic situation.”

City Attorney Mara Elliot also commended the judge.


“In reviewing this tragic death of a homeless man with mental health issues, the judge was correct to not compound the tragedy by finding fault with the police officer who acted to defend himself and others,” Elliot said. “Not many of us would have entered a dark alley under these circumstances.”

Miller, of Miller Barondess LLP in Los Angeles, said the family will appeal.

“This ruling is wrong,” the family’s lawyer said in an email. “A jury, not this judge, must decide whether the shooting was reasonable. Anyone who looks at the video would conclude this shooting was unnecessary and unreasonable.”

The District Attorney’s Office, which investigates all officer-involved shootings, has already deemed the shooting to be justified, meaning no criminal charges would be pursued.


Nehad’s family also sought to sue on a wider claim that accuses the Police Department of “whitewashing” officer shootings and failing to discipline officers. But since the judge found no civil rights violations in the Nehad shooting, the other broader claim against the department falls short.

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× The family of Fridoon Nehad is suing San Diego police and Officer Neal Browder over the fatal shooting in a Midway District alley.


kristina.davis@sduniontribune.com

Twitter: @kristinadavis