Some law enforcement officers while performing their duties, act out of anger or frustration, and what would be a bad day for most of us, too often ends up in a tragic loss of life for a civilian. When a police officer uses force that results in death, usually due to a shooting, it’s called deadly force.
Losing a family member because of police brutality is a painful and often unrequited loss. Officers rarely face criminal charges because of their misconduct for deadly excessive force, and those individuals suffering the loss of a loved one face many obstacles in their effort to hold the responsible officer accountable in a court of law. For this very reason, a wrongful death suit, which is a long, difficult, and frequently a frustrating process, may be the only course of action you have in your search for justice. Although it’s impossible to put a price tag on human life, success in a court of law, or through a settlement, is the only way you will receive compensation for your loss. Your lawsuit will, in addition, shine a spotlight on police misconduct causing civil rights violations.
Cases of this nature, seeking monetary damages pursuant to the federal civil rights statute 42 U.S.C 1983, are most frequently filed in Federal (District) Court, in the jurisdiction where the wrongful death occurred. Often State tort claims, including assault, battery, and negligence are included in the suit. A lawsuit can also be filed in State Court.
It is important that you consult as soon as possible with an attorney who understands this complex area of the law, who can review issues of liability with you, and make recommendations on the best course of action you can follow.
Call to speak with one of our deadly excessive force attorneys in Riverside, San Bernadino or Orange County.
Represented client injured by custodial staff while in prison. Case settled for $500,000 before trial.
Represented client injured by custodial staff while in jail. Case settled for $335,000 before trial.
Represented client subject to unreasonable search and seizure, and then subject to excessive force, being Tased by a police officer. Case settled for $400,000 before trial.