A federal court verdict on an excessive-use-of-force claim under 42 U.S.C. Sec. 1983 does not bar a suit for negligence in state court, the Court of Appeal for this district ruled yesterday. The justices reinstated an action by the family of George Hernandez against the City ofPomona and four of its officers. Hernandez, a 30-year-old father of seven, was killed in January 2001 after he led police on a 100-mph chase fromPomona to Ontario, crashed his car, and ran from the officers. Hernandez was shot 22 times during a foot chase in Ontario. “We hold the doctrine of res judicata does not apply to the case before us,” Justice Earl Johnson Jr. wrote for the court. “The primary right at issue in the section 1983 action was Hernandez’s right under the Fourth Amendment to be free from unreasonable seizure of his person. The primary right in the negligence action is Hernandez’s right to be free from injury to his person. That some of the same facts are involved in both actions is not determinative; the significant factor is the nature of the harm.  The nature of the harm in the former action was the violation of a constitutionally protected right.  The nature of the harm in the latter action is the violation of a common law right.” Attorneys for the family sued in federal court after the city rejected their $5 million tort claim. The complaint alleged that all four officers fired at Hernandez after he turned toward them and raised his hand in the air to indicate he was unarmed [more] and [more]