On April 16, 2026, the U.S. District Court for the Southern District of California denied the City of San Diego’s motion to dismiss the plaintiffs’ negligent failure to train claim against Chief David Nisleit in his individual capacity.
The court held that Chief Nisleit owed a duty to ensure officers received adequate training on the use of force, including de-escalation and reassessment once a suspect is incapacitated.
The court found that the plaintiffs plausibly alleged Chief Nisleit breached this duty by continuing to train officers in a policy that required emptying firearms into incapacitated suspects, despite awareness that such practices resulted in excessive force.
Conversely, the court granted the motion to dismiss the claim against the City of San Diego to the extent it asserted direct liability.
The court reasoned that California law requires a specific statute to declare a municipal entity liable for negligent hiring, training, or supervision, and the plaintiffs did not identify such a statute.
However, the court denied dismissal of the claim against the City on the theory of vicarious liability under California Government Code section 815.2(a).
Because the plaintiffs adequately stated a claim against Chief Nisleit, the court held that the facts necessary to establish vicarious liability against the City were also sufficiently pled.
Defendants must answer the operative complaint no later than April 30, 2026.