Too many police officers and deputy sheriffs either haven't been professionally trained or don't follow their departmental policies or training when responding to calls. This includes the discharge of their firearms. Officer failure to follow policy often ends up in the tragic loss of life for an unfortunate civilian.
In the last ten years thousands of individuals have been killed and thousands more severely injured as a result of shootings by law enforcement officers. The extent of the force used in many of these
instances by police officers and deputy sheriffs were clearly unreasonable and thus excessive. Many of these cases have been highly publicized. In the past, police shootings cases were difficult to win. However, with many officers wearing body cams, the advancement of cell phone technology that includes video recording capabilities, and dash cams, today we are seeing more instances where the shootings have been recorded. This combined with the increased focus on police misconduct, especially in shootings cases, has changing the way in which these cases are handled.
Deadly force is the force used by on duty police officers and deputy sheriff's that create a substantial risk of causing death or serious bodily injury. Deadly force includes the discharge of a firearm by an officer.
Under the Constitution's Fourth Amendment, a police officer may use only such force as is “objectively reasonable” under all of the circumstances. In a civil rights lawsuit the reasonableness of an officer's use of force is determined from the perspective of a reasonable officer on the scene and not with the 20/20 vision of hindsight. Although the facts known to the officer are relevant in a lawsuit, an officer's subjective intent or motive is not. The force used must be reasonable under the circumstances known to the officer at the time.
An unreasonable use of force is an excessive use of force, often referred to as follows: Police misconduct, police abuse, police brutality, deputy sheriff misconduct, deputy sheriff brutality, and deputy misconduct. If you, a loved one or friend have been affected by an unlawful police shooting we can help you in your quest for justice. Let us help you with your case so you can gain closure, justice, and change.
Time is of the essence as there are statutes of limitations applicable to all civil claims against governmental agencies such as Cities and their Police Departments, Counties and their Sheriffs' Departments and their employees, including police officers and sheriffs' deputies. If a governmental claim and/or lawsuit is not timely filed, you will forever lose your ability to seek justice in a court of law.
When relating the events surrounding your injury to us please include where possible the identity and contact information of all potential witnesses, and whether there is video footage and photographs taken during the incident.
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.
Contact us online with a description of your case. You can also call us at 951-554-8115 to speak with one of our police shootings attorneys/lawyers in Riverside, San Bernardino, or Orange County. We can help you!