Police have certain legal obligations that apply to the manner in which they do their work. When they act in a manner that violates a suspect’s civil rights, they could cause death. Eligible survivors of the deceased victim may then be able to pursue a wrongful death case.

Wrongful death lawsuits are challenging, and victims’ families can expect plenty of pushback from the officers and their lawyers. For this reason, having experienced legal counsel in your corner is indispensable. Find out how the Contra Costa County attorneys of The Law Offices of Johnson & Johnson can help.

Police Actions That Can Lead to Wrongful Death Claims

Law enforcement officers are sworn to serve the public and uphold California laws and the Constitution. Those who fail to do so or behave in a negligent or malicious manner can harm and kill suspects and others. This may happen in a number of different ways, including:

  • Police shootings: This is the most common cause of wrongful deaths resulting from the actions of police. Officers in Contra Costa County may only open fire if there is an imminent threat of death or serious bodily injury to themselves or others, or when a fleeing suspect poses significant danger to others.
  • Police brutality and excessive force: The use of force must be commensurate with the situation. Excessive force may come in the form of chokeholds, taser deployment, and police beatings. These can lead to major injury and death.
  • Denied medical care: If the police fire upon a suspect and thereby defuse the threat, they should call for an ambulance. Likewise, a suspect in police custody should have their medical needs met (for instance, if they suffer from a health problem). Denial of care may cause death.
  • Unsafe jail conditions: Responsibility over a suspect’s well-being extends to the corrections officers and jail staff. Overcrowding, unwarranted isolation, and jailing suspects with violent offenders are not acceptable practices because of the risk of death.
  • Deadly restraint tactics: Certain restraint methods can cut off oxygen to the suspect’s brain or otherwise imperil their life. Among these are kneeling on the suspect’s neck and leaving them face down for too long.
  • Failure to intervene: Sometimes the death results from the failure of officers or jail staff to intervene when a suspect displays obvious signs of distress. Anything from a healthcare emergency to a violent assault could trigger a duty to step in.
  • Wrongful death of minors and the disabled: Courts will judge the actions of law enforcement differently when the victim is a young or disabled person. Behavior that may otherwise be acceptable for a fully functioning adult may be negligent or abusive in these situations.
  • Third-party wrongful deaths: Not all police wrongful death cases involve criminal suspects. A wrongful death lawsuit may be possible when officers negligently harm third-party civilians or violate their rights and cause death.

Federal Lawsuits for Wrongful Police Death

Police deaths are often federal matters, due largely to a law that is codified at 42 U.S.C. § 1983. This statute creates a private right of action when police act under color of law and cause a wrongful death. “Color of law” refers to an officer who acts in their official police capacity.

Wrongful death lawsuits brought pursuant to the above statute are commonly called Section 1983 claims. They involve police violations of constitutional and statutory rights. In response, police often raise qualified immunity as a defense against these lawsuits.

Qualified immunity shields officers in Contra Costa County and elsewhere from liability for their conduct when they act in their official capacities and reasonably believe their actions to be justified. In more recent years, federal courts have expanded qualified immunity under the clearly established law standard.

Put simply, in most federal lawsuits claiming wrongful police death, the plaintiffs must point to precedent that lines up with the facts of their case. In other words, they should be able to show that the violation in question was previously held unlawful or unconstitutional.

The clearly established law standard makes it difficult for families to seek justice when their loved one dies at the hands of police. But it is not an airtight defense. Possible challenges can include:

  • Objecting to the use of the clearly established law standard: Although attorneys may argue this defense, some wrongful death cases are so extreme that applying this standard would permit inexcusable violations of constitutional and civil rights.
  • Applying precedent: If a court insists on using the clearly established law rule, the plaintiff’s lawyer can raise a similar prior case. Even if the facts are a little different, the constitutional issues involved could convince the judge to set aside qualified immunity.
  • Invoking public pressure: Some cases are so outrageous that they trigger public outcry aimed at law enforcement officers and others. An attorney can help raise the profile of a case to help grieving family members seek justice.
  • Filing the lawsuit in California court: Qualified immunity may not be as strong a defense in state courts. Ask your Contra Costa County wrongful death lawyer about the best option for handling your case.

How Our Firm Can Assist You

At The Law Offices of Johnson & Johnson, we understand the grief that is at the heart of wrongful death claims. Nobody should lose their loved one and then bear the personal and financial struggles that result. That’s where we step in.

When you retain our law firm to represent your family, we investigate the facts, determine who is liable, and then develop a legal strategy. Where possible we work to settle cases out of court, but we aren’t afraid to take your claim to the courtroom if necessary. We will represent your family with the professionalism and compassion you deserve.

Contact Our Contra Costa County Attorney for Wrongful Death by Police

If your loved one died at the hands of the police, it’s time to explore your legal options. Connect today with The Law Offices of Johnson & Johnson. You can give us a call or complete our online contact form to schedule your initial consultation.

Frequently Asked Questions About Police Wrongful Death Lawsuits

Who may be held liable for a police wrongful death action?

A plaintiff can potentially name anyone involved in the pursuit, detention, arrest, and jailing of a criminal suspect in a wrongful death case. Sometimes individual officers and jail staff members are involved, but entire departments may also be liable. We will work to identify all parties who could be liable.

How much is a lawsuit worth?

There is no standard dollar figure for a wrongful death lawsuit. More serious cases with compelling evidence tend to merit higher compensation, either through settlement or trial. Our firm will seek the maximum amount of legal damages available under the law.

What kind of evidence will help my claim?

Evidence concerning the decedent’s medical bills and income, along with the financial and personal losses the family has experienced, will prove relevant. So, too, will evidence of past police misconduct. Sometimes expert witness testimony can help a family as well.

We take steps early to secure the evidence needed to make strong claims. Once a lawsuit is filed we can also use the discovery process to obtain more evidence. It’s all part of our commitment to serving your and your family’s legal interests.

"Johnson & Johnson Law Offices logo with balance scale icon"
Wrongful Death by Police

Police have certain legal obligations that apply to the manner in which they do their work. When they act in a manner that violates a suspect’s civil rights, they could cause death. Eligible survivors of the deceased victim may then be able to pursue a wrongful death case.

Wrongful death lawsuits are challenging, and victims’ families can expect plenty of pushback from the officers and their lawyers. For this reason, having experienced legal counsel in your corner is indispensable. Find out how the Contra Costa County attorneys of The Law Offices of Johnson & Johnson can help.

Police Actions That Can Lead to Wrongful Death Claims

Law enforcement officers are sworn to serve the public and uphold California laws and the Constitution. Those who fail to do so or behave in a negligent or malicious manner can harm and kill suspects and others. This may happen in a number of different ways, including:

  • Police shootings: This is the most common cause of wrongful deaths resulting from the actions of police. Officers in Contra Costa County may only open fire if there is an imminent threat of death or serious bodily injury to themselves or others, or when a fleeing suspect poses significant danger to others.
  • Police brutality and excessive force: The use of force must be commensurate with the situation. Excessive force may come in the form of chokeholds, taser deployment, and police beatings. These can lead to major injury and death.
  • Denied medical care: If the police fire upon a suspect and thereby defuse the threat, they should call for an ambulance. Likewise, a suspect in police custody should have their medical needs met (for instance, if they suffer from a health problem). Denial of care may cause death.
  • Unsafe jail conditions: Responsibility over a suspect’s well-being extends to the corrections officers and jail staff. Overcrowding, unwarranted isolation, and jailing suspects with violent offenders are not acceptable practices because of the risk of death.
  • Deadly restraint tactics: Certain restraint methods can cut off oxygen to the suspect’s brain or otherwise imperil their life. Among these are kneeling on the suspect’s neck and leaving them face down for too long.
  • Failure to intervene: Sometimes the death results from the failure of officers or jail staff to intervene when a suspect displays obvious signs of distress. Anything from a healthcare emergency to a violent assault could trigger a duty to step in.
  • Wrongful death of minors and the disabled: Courts will judge the actions of law enforcement differently when the victim is a young or disabled person. Behavior that may otherwise be acceptable for a fully functioning adult may be negligent or abusive in these situations.
  • Third-party wrongful deaths: Not all police wrongful death cases involve criminal suspects. A wrongful death lawsuit may be possible when officers negligently harm third-party civilians or violate their rights and cause death.

Federal Lawsuits for Wrongful Police Death

Police deaths are often federal matters, due largely to a law that is codified at 42 U.S.C. § 1983. This statute creates a private right of action when police act under color of law and cause a wrongful death. “Color of law” refers to an officer who acts in their official police capacity.

Wrongful death lawsuits brought pursuant to the above statute are commonly called Section 1983 claims. They involve police violations of constitutional and statutory rights. In response, police often raise qualified immunity as a defense against these lawsuits.

Qualified immunity shields officers in Contra Costa County and elsewhere from liability for their conduct when they act in their official capacities and reasonably believe their actions to be justified. In more recent years, federal courts have expanded qualified immunity under the clearly established law standard.

Put simply, in most federal lawsuits claiming wrongful police death, the plaintiffs must point to precedent that lines up with the facts of their case. In other words, they should be able to show that the violation in question was previously held unlawful or unconstitutional.

The clearly established law standard makes it difficult for families to seek justice when their loved one dies at the hands of police. But it is not an airtight defense. Possible challenges can include:

  • Objecting to the use of the clearly established law standard: Although attorneys may argue this defense, some wrongful death cases are so extreme that applying this standard would permit inexcusable violations of constitutional and civil rights.
  • Applying precedent: If a court insists on using the clearly established law rule, the plaintiff’s lawyer can raise a similar prior case. Even if the facts are a little different, the constitutional issues involved could convince the judge to set aside qualified immunity.
  • Invoking public pressure: Some cases are so outrageous that they trigger public outcry aimed at law enforcement officers and others. An attorney can help raise the profile of a case to help grieving family members seek justice.
  • Filing the lawsuit in California court: Qualified immunity may not be as strong a defense in state courts. Ask your Contra Costa County wrongful death lawyer about the best option for handling your case.

How Our Firm Can Assist You

At The Law Offices of Johnson & Johnson, we understand the grief that is at the heart of wrongful death claims. Nobody should lose their loved one and then bear the personal and financial struggles that result. That’s where we step in.

When you retain our law firm to represent your family, we investigate the facts, determine who is liable, and then develop a legal strategy. Where possible we work to settle cases out of court, but we aren’t afraid to take your claim to the courtroom if necessary. We will represent your family with the professionalism and compassion you deserve.

Contact Our Contra Costa County Attorney for Wrongful Death by Police

If your loved one died at the hands of the police, it’s time to explore your legal options. Connect today with The Law Offices of Johnson & Johnson. You can give us a call or complete our online contact form to schedule your initial consultation.

Frequently Asked Questions About Police Wrongful Death Lawsuits

Who may be held liable for a police wrongful death action?

A plaintiff can potentially name anyone involved in the pursuit, detention, arrest, and jailing of a criminal suspect in a wrongful death case. Sometimes individual officers and jail staff members are involved, but entire departments may also be liable. We will work to identify all parties who could be liable.

How much is a lawsuit worth?

There is no standard dollar figure for a wrongful death lawsuit. More serious cases with compelling evidence tend to merit higher compensation, either through settlement or trial. Our firm will seek the maximum amount of legal damages available under the law.

What kind of evidence will help my claim?

Evidence concerning the decedent’s medical bills and income, along with the financial and personal losses the family has experienced, will prove relevant. So, too, will evidence of past police misconduct. Sometimes expert witness testimony can help a family as well.

We take steps early to secure the evidence needed to make strong claims. Once a lawsuit is filed we can also use the discovery process to obtain more evidence. It’s all part of our commitment to serving your and your family’s legal interests.