Total amazement. Whoever decided on this defense tactic should be ashamed of themselves. If this defense tactic were to become policy and procedure, then every one of us is at risk.
If a county vehicle, driven by a county employee, blew through a red light and killed someone, then using this defense, the county would not be liable. The person who was injured or killed would "freely and voluntarily assume the risk of injury and damage." We all know that traffic accidents happen, so if a county vehicle hits you, then you are on your own.
As a citizen of Stanislaus County, I apologize to the family of Glendon Engert. You deserve a better response than this. To whomever is responsible at the county for making decisions regarding defense strategy: Shame on you. Please, re-evaluate your stance and do the right thing.