San Jose police officer Erin Allen suffered life-threatening spinal injuries after being ambushed and shot while responding to a 2023 domestic violence call on Auzerais Avenue. Allen is suing the apartment property owner for renting to a gunman previously convicted of assault with a firearm and attacking a police officer. Her lawyer says she is retiring because of the spinal injuries and that two more officers are preparing similar lawsuits. The San Jose Police Department confirmed she remains an active employee but declined additional comment. Attorneys note potential landlord liability and legal tension over tenant screening and discrimination risks.
San Jose police officer Erin Allen suffered life-threatening - and career-ending - injuries after being ambushed and shot while responding to a domestic violence call on Auzerais Avenue in 2023. Allen, who according to her lawyer is in the process of retiring due to the spinal injuries she sustained, is suing the property owner of the apartment for renting to a gunman previously convicted of assault with a firearm and attacking a police officer.
Todd Rothbard, an attorney handling landlord-tenant disputes and eviction cases, said he's never seen this type of lawsuit before. "But it's not unpredictable that something like this could come along," Rothbard told San José Spotlight. "That's because landlords are placed in this ridiculously impossible position." Rothbard said landlords are wary of factoring criminal backgrounds into tenant leasing because they risk being sued for discrimination.
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