Police officers are expected to protect and serve citizens, but what happens when a member of the force abuses their power, leaving vulnerable individuals injured or killed? In 2023, California reported that 658 civilians were involved in incidents that entailed use of force or discharge of a firearm by a police officer, resulting in serious bodily injury or death. California law dictates that deadly force must only be used when strictly necessary, with the utmost respect for human life and dignity. If a loved one died due to deadly force by a police officer, a deadly force lawyer from BD&J can represent you in the fight for justice and compensation.
What is Deadly Force?
Deadly force could be defined as any use of force that is intended to cause serious bodily injury or even death. According to California penal code 835, deadly force is emphasized as a last resort for police officers, and only to be used in the case of a suspect posing imminent danger to a police officer or other civilians. Examples of deadly force are:
- Discharge of firearms at a person
- Discharge of firearms at a moving vehicle
- Chokeholds
- Intentional strikes to the head and neck
- Striking a person with a patrol vehicle
- Excessive use of tasers and pepper spray
- Carotid restraints, which are a physical restraint technique that restricts blood flow to the brain in order to cause temporary unconsciousness
Deadly force is supposed to be used in a last resort attempt to subdue dangerous individuals, but if a police officer uses deadly force on an average civilian, the injuries could be catastrophic.
What Do Deadly Force Injuries Look Like?
Deadly force is intended to cause serious harm, so the injuries that result from these incidents can be severe and debilitating. Common deadly force injuries the deadly force attorneys at BD&J have worked with include:
- Spinal cord injuries
- Broken or fractured bones
- Internal organ injuries
- Traumatic brain injuries
- Gunshot wounds
- Concussions
- Skin lacerations
Who is Liable for Injuries Sustained from Deadly Force?
If a police officer used unnecessary deadly force on you and you have sustained severe injuries, you have the right to file a personal injury claim. Incidents of deadly force can be traumatic for civilians, especially when the force is used in error or under completely uncalled circumstances. Parties that can be held liable in a deadly force lawsuit include:
The Police Officer(s)
The duty of a police officer is to protect and serve, and any police officer who uses deadly force should be held accountable. The individual police officer or group of officers who committed the act of deadly force could be sued under U.S. code 1983, which allows citizens to sue government officials for violating their rights.
The Police Department/Municipality
Another liable party would be the police department that the police officer was working under. The police department would be held accountable through vicarious liability, as the deadly force actions of the officer would fall under the official duties of their job and completed under the supervision of the department.
How Can a Deadly Force Lawyer Help My Case?
Oftentimes, police departments have a team of lawyers to fight against deadly force cases. You shouldn’t have to go against these aggressive attorneys alone in the fight for justice. The deadly force lawyers at BD&J can take over filing, collecting evidence, negotiations, and the complexities of the legal process while you focus on the road to recovery.
Frequently Asked Questions
What if the Police Officer Uses Qualified Immunity?
Qualified immunity is used to shield government officials from lawsuits as a form of harassment and liability if they were acting on their duties reasonably. However, deadly force is often violating civilians’ fourth amendment rights, which protects them from unreasonable searches and seizures. Violation of rights will often supersede qualified immunity, and it is also important to know that qualified immunity does not make the police officer immune to having to pay monetary compensation.
What if I Am Too Intimidated to Pursue a Lawsuit Against a Police Department?
It can be an intimidating process to file a lawsuit against a police officer and police department, especially if they have a large legal team. Fortunately, the lawyers at BD&J are diligent and fierce advocates for injured Californians. We will fight with you every step of the way to hold police officers and their departments liable for failing to protect and serve.
What do I do if the police department or police officer harasses me?
Harassment of a civilian by a police officer or department is a criminal offense. If you notice you are being followed, watched, or received frequent unwarranted visits from police after you file a claim, contact your police brutality attorney immediately. Your lawyer can help you access emergency legal protections.
How Can I Show Deadly Force Was Used?
Evidence to show deadly force was used on yourself or a loved one includes bodycam footage, eyewitness statements, and medical records documenting the injuries sustained. The basis of any deadly force case is to prove that excessive force was used with the intention of causing bodily injury to a complying individual.
What if My Loved One Died Through the Use of Deadly Force?
If a loved one died by deadly force, we understand that you may be feeling angry, bereaved, and traumatized. We strongly advise you speak to one of our deadly force attorneys to discuss filing a wrongful death lawsuit to cover expenses like funeral and medical costs, allowing you to grieve in peace.
Do deadly force lawsuits against law enforcement make any real change?
Whether or not a police brutality lawsuit creates meaningful change in the way a police department performs its duty can depend on several factors like location of the incident, political leanings of the area, race or color, religion, and even personal reputation of the client or officer involved. A police brutality lawyer from BD&J will cast aside all biases from the public to present a solid case based solely in facts and integrity. It is BD&J’s goal to ensure all corrupt or abusive police departments develop strategies to counteract these abuses of power by holding them accountable.
What Can Compensation Cover?
If recovered, compensation can be used for past and future medical expenses, physical rehabilitation, loss of wages, disability, and other damages. In the case of a wrongful death lawsuit because of deadly force, damages can also include funeral expenses and to support any dependents of the deceased.
How to Report a Deadly Force Incident
Reporting an incident of deadly force from a police officer is the first step in order to hold those involved accountable. To report a deadly force incident, follow these steps:
- Document as much evidence as possible. This includes taking down the badge numbers of all police officers involved, as well as names and physical appearances. Write down the date and time of the incident, as well as details of everything that occurred, and gather photos/videos and eyewitness statements if available.
- Make a report with the internal affairs division. It is extremely important to have a written report on the incident to launch an investigation. Getting a copy of this report is also recommended.
- Sit down with a deadly force lawyer. Make your or your loved one’s story heard by sitting down with a deadly force lawyer from the BD&J team. One of our attorneys will represent you diligently during every step of your claim, offering advice and unmatched representation.
Deadly Force Attorneys Who Fight for Unfairly Injured California Residents
After being subjected to deadly force, it’s only right to hold the perpetuators accountable. Going against a police officer and police department in a lawsuit doesn’t have to be overwhelming when you are working with skilled deadly force lawyers.
At BD&J, our team of attorneys have been representing injured California residents for more than 20 years, recovering more than $2* billion in damages. No fees until we win*! We work with our clients every step of the way in the pursuit of justice and accountability, so call us now to schedule your free consultation.
