Losing a loved one to police violence is devastating. More than grief, families also face difficult questions about accountability and legal options. While no legal action can restore what was lost, understanding those options can help you pursue answers and justice
The legal standard for police using deadly force
Federal court precedent applies an objective reasonableness standard, meaning the use of force is judged from the perspective of a reasonable officer on the scene rather than with hindsight. The Department of Justice’s guidance further limits deadly force to situations where officers reasonably believe someone faces an immediate threat of death or serious injury.
Some states now have stricter laws that allow deadly force only to stop an imminent threat of death or serious harm, without exceptions for fleeing suspects.
Courts examine what the officer knew at the time and whether their actions made sense at that moment. They consider factors such as the seriousness of the crime, whether the person posed a direct threat and whether they resisted arrest.
Filing a civil lawsuit
One option is to file a federal civil rights claim under Section 1983 of the Civil Rights Act. This federal statute allows you to take legal action against government officials who violate your constitutional rights. Those harmed by police violence often use it to challenge excessive force by officers.
Federal lawsuits can name individual officers, police departments or entire jurisdictions. However, officers often receive qualified immunity, which protects them from liability unless they violated clearly established constitutional rights that any reasonable officer would have known.
Pursuing a state wrongful death claim
State wrongful death lawsuits are another avenue for seeking accountability. These claims typically focus on whether the officer acted negligently or recklessly.
Wrongful death claims provide compensation for:
- Pain and suffering before death
- Loss of companionship for surviving family members
- Lost financial support
- Funeral and burial expenses
The civil standard of proof is lower than in criminal cases, requiring only that you show it is more likely than not that wrongful conduct occurred.
Building your case
Strong evidence forms the foundation of any successful claim against law enforcement. Critical documentation, includes:
- Body camera and dashcam footage from all officers at the scene
- 911 calls and dispatch recordings
- The officer’s personnel file, including past complaints and disciplinary actions
- Autopsy reports and independent medical examinations
- Witness statements from civilians who observed the incident
- Department policies on use of force and training records
Most police misconduct cases settle before trial. Settlement amounts vary widely based on the strength of evidence, the severity of constitutional violations and local factors.
Civil rights attorneys who focus on police misconduct cases understand the unique challenges families face. They can provide you and your family with guidance on taking the next step forward.
