SAN DIEGO (Legal Newsline) - The City of San Diego is defending its police officers' decision to leave what would become the scene of a murder without a warrant.
San Diego is facing a federal lawsuit blaming it for the death of Nahal Connie Dadkhah, who was killed in June 2022 by a man known to be an abusive stalker. The suit says the murder was preventable if police had acted appropriately.
Known by Connie, Dadkhah was a 44-year-old medical research assistant who recorded the attack allegedly carried out by Parrish Chambers.
San Diego's Feb. 29 motion to dismiss says the case showcases the divide between what a community expects from its officers and their actual legal duties.
"Today more than ever, officers are required to make tough decisions in the face of civil liability and even criminal prosecution," the motion says.
Dadkhah's neighbors called the SDPD to complain of an agitated and aggressive man. Cops knocked on Dadkhah's door and used a microphone to try to contact anyone inside but received no response. Phone calls went unanswered.
"After 15 minutes, based on the information they knew at the time, officers left the scene," the motion says.
"In making that decision, officers had to weigh competing interests of violating Decedent's Fourth Amendment rights by making a warrantless entry and the potential for a violent confrontation with a mentally ill man."
The plaintiff has failed to allege the limited exceptions that would impose liability for a failure to provide police protection, the motion says.
The lawsuit claims it took officers almost two hours after receiving the neighbors' calls to respond to the scene.
Timothy Scott and Michele Angeles of McKenzie Scott represent the plaintiff. San Diego is represented by City Attorney Mara Elliott and Chief Deputy City Attorney Jacqueline J. McQuarrie.