SAN JOSE — A police officer who was ambushed and shot by a man during a domestic violence call two years ago is now suing the gunman’s landlord, on the grounds that renting to him despite his violent criminal past was “ultrahazardous” negligence that contributed to the shooting.
The lawsuit filed Aug. 4 on behalf of Officer Erin Allen comes as her police career, which began when she joined the San Jose Police Department in 2013, is headed toward a premature end because of serious damage to several vital organs and her spine, her attorney said in an interview this week. Allen has been on light duty but is in the process of retiring from the agency.
At least one legal expert said the lawsuit faces a challenging road ahead, given the questions revolving around what responsibility a landlord has for renters’ actions, and when a landlord can exclude someone from housing because of a criminal history without violating discrimination law…