Aldasoro v. Pavlinch, No. 1 CA-CV 25-0533
Arizona Court of Appeals, Division One
September 24, 2026
JSH Attorneys: Ashley Caballero-Daltrey, Justin Ackerman

In a published opinion, the Court of Appeals rejected common law qualified immunity for police officers in negligence actions.  It also held that A.R.S. § 28-624 does not immunize drivers of emergency vehicles for simple negligence. That decision conflicts with at least two prior opinions from the court of appeals, Spooner v. City of Phoenix, and Jennings v. Agne, which the court rejected as wrongly decided.

The case arose from an accident after officers responded to an emergency call in a marked patrol car with emergency lights activated.  Officer Giovani Pavlinch drove through a red light and collided with Juan Aldasoro’s vehicle, which then struck another car. Aldasoro sued Pavlinch and the City of Phoenix for simple negligence.

Defendants moved for summary judgment, arguing they were entitled to common law qualified immunity for discretionary acts (consistent with Spooner) and immunity under A.R.S. § 28-624. The superior court granted summary judgment for the City and Pavlinch. Aldasoro appealed.

In holding that police officers are not entitled to common law qualified immunity from simple negligence claims, the court of appeals referred to the Arizona Supreme Court’s decision in Stone v. Arizona Highway Commission, which held that “the rule is liability and immunity is the exception.”  The court explained that Spooner and Jennings incorrectly analyzed Arizona law to hold otherwise, and that the cases they had relied upon were inapplicable in the simple negligence context. Furthermore, the court reasoned that the Legislature’s codification of immunity provides qualified immunity only for discrete acts that were not at issue in the case and not as broad as qualified immunity from all simple negligence suits.

The court then also held that A.R.S. § 28-624 does not immunize officers for simple negligence.  Instead, it creates a “privilege” (rather than an immunity) to violate certain traffic laws.  Thus, an operator of an emergency vehicle might not be liable under a theory of negligence per se. The court construed this as an issue regarding liability for the accident, rather than an immunity from suit.  It explained that the statute’s reference to “reckless disregard” was not meant to imply that officers could only be held liable for gross negligence, but to show that officers could be held criminally liable or be subject to punitive damages for harm if they act with reckless disregard.

Ashley Caballero-Daltrey is part of the firm’s appellate team where she represents clients in federal and state appellate matters and dispositive motions. Before joining JSH, Ashley worked as a law clerk for Vice Chief Justice Ann Scott Timmer of the Arizona Supreme Court. She focuses her practice on municipal law, personal injury, bad faith, and premises liability.  Ashley has published articles and spoken on appellate issues including appeals for grazing permits on public lands, unique citation issues, and special action procedures.

adaltrey@jshfirm.com | 602.263.4489 | jshfirm.com/adaltrey

Justin Ackerman is the trial group leader of JSH’s appellate department. He represents clients in federal and state appellate matters in cases involving federal civil rights claims, wrongful death, personal injury, bad faith, and premises liability. After graduating as the valedictorian of his class from Phoenix School of Law, Justin worked as a law clerk for the Hon. Michael J. Brown in Division One of the Arizona Court of Appeals. Following his clerkship, Justin has handled over 75 appeals, successfully arguing before the Arizona Court of Appeals, Arizona Supreme Court, and U.S. Court of Appeals for the Ninth Circuit.  Justin has spoken at many seminars on appellate preservation topics and is recognized as a Southwest Super Lawyers and Best Lawyers Ones to Watch in the area of Appellate Practice.

jackerman@jshfirm.com | 602.263.4552 | jshfirm.com/jackerman