When a police officer uses deadly force, the consequences are irreversible and devastating for the victim’s family. While officers are granted the authority to use force, that authority is not unlimited. When a life is taken unjustifiably, the civil justice system provides a powerful path for families to seek accountability and compensation.

A recent settlement in Louisiana highlights this critical legal process. According to a report from the Associated Press, the family of a Black man killed by a state trooper reached a settlement in their wrongful death lawsuit. The case involved complex questions about the use of force and the events leading up to the fatal shooting.

While the criminal justice system handles charges against the officer, a civil lawsuit focuses on compensating the family for their immense loss and holding the department accountable for the actions of its officers.

The Legal Basis for a Police Shooting Lawsuit

A civil lawsuit against a police officer or their department is a highly specialized area of law. These cases are typically built on two key legal foundations:

1. Wrongful Death: This is a state-level claim that alleges a person’s death was caused by the wrongful act or negligence of another. In a police shooting case, we would argue that the officer’s use of deadly force was unreasonable, unnecessary, or excessive under the circumstances, directly causing the victim’s death.
2. Civil Rights Violations (Section 1983): This is a federal claim. A “Section 1983” lawsuit alleges that a government official (like a police officer), acting “under color of law,” violated the victim’s constitutional rights. The most fundamental right in these cases is the Fourth Amendment right to be free from unreasonable seizures, which includes the use of excessive force.

Holding the Entire Department Accountable

In many of these cases, the lawsuit is not just against the individual officer. The police department or the city itself can also be held liable for:

• Negligent Hiring or Retention: Did the department hire an officer with a known history of violence or misconduct?
• Failure to Train: Was the officer properly trained in de-escalation techniques and the appropriate use of force?
• Ratification of Misconduct: Does the department have a pattern or culture of tolerating or covering up excessive force incidents?

Proving these claims requires a deep and aggressive investigation into the department’s internal records, training materials, and the officer’s history. It is a complex and challenging fight against a powerful government entity. You can learn more about our firm’s commitment to justice in these difficult cases.

If your family has suffered the loss of a loved one in an officer-involved shooting, you deserve answers and accountability.

Contact Manoukian Law for a free and confidential consultation.