Answers to FAQs from California Police Shooting Lawyers

As police shootings continue to occur in cities throughout California, victims and families regularly call Haddad & Sherwin LLP. Our attorneys have extensive experience representing victims and families in police shooting and other wrongful death cases, and providing our clients with expert representation. We are also dedicated to helping anyone impacted by a police shooting understand their constitutional rights related to these unfortunate circumstances. 

Below is a breakdown of common questions we are asked as police shooting lawyers on this topic, and an overview of how the law protects victims of police violence and misconduct.

What is police misconduct in California?

Police misconduct refers to inappropriate or unlawful behavior by law enforcement officers acting in their official capacity. In many cases, such misconduct results in a civil rights violation. More and more, we are hearing about police using grossly excessive force, resulting in death or very severe injuries.

What constitutes excessive force?

Police can legally use force when necessary to accomplish their lawful duties, including when they lawfully detain or arrest a person.  However, any force used must be objectively reasonable under the circumstances.  If the person is not resisting and poses no immediate threat, then generally no force is permitted.  

Deadly force is force that carries a substantial risk of death or severe bodily injury.  Deadly force can of course include police shooting at someone.  It can also include restraint tactics that may involve excessive tasing or when police place weight on a person’s back when the person is lying face down, causing asphyxia. 

Under the Fourth Amendment to the United States Constitution, police are only permitted to use deadly force in response to an immediate threat of death or serious injury.  Under California Penal Code § 835a, any use of deadly force by a police officer also must be “necessary.”

The use of excessive force violates the victim’s Fourth Amendment right to be free from unreasonable seizure.

What is wrongful death?

Law enforcement officers are permitted to use deadly force only when they or someone else is facing an immediate threat of death or serious injury.  When officers use deadly force in response to something less than an immediate threat of death or serious injury, such as a potential threat or a generally risky situation, they can be held accountable for the severe injuries or wrongful death they cause. 

Wrongful death cases resulting from police shootings or other police activities are more complex than those that do not involve law enforcement officers.  There are many reasons for why such cases are more difficult to win, including that the police generally control the evidence and investigation, and the law gives police broad powers and special defenses from lawsuits, like qualified immunity.  

Are police officer’s actions protected by qualified immunity?

Qualified immunity is a defense to a federal civil rights claim for damages against a government official.  It is available when a reasonable official, under the circumstances of the case, would not have known that his conduct violated a constitutional right that was clearly established at the time of the incident. Some judges require the victim to show a prior published case with similar facts finding that that particular misconduct violated rights. This judge-created defense is increasingly controversial, both because it does not appear in the constitution or any statute, and because it has become a serious obstacle to police accountability.  The lawyers at Haddad & Sherwin LLP are specialists in qualified immunity. 

What laws are victims of police shootings protected by?

In 2019, California passed legislation AB 392, also known as The California Act to Save Lives. This landmark legislation redefines the standard in California Penal Code § 835a by which officers can use deadly force. Before this law was passed, the use of deadly force in California was allowed when it was reasonable under the circumstances, even if there were other alternatives requiring less force.  Now, as of January 1, 2020, California law requires any use of deadly force by a law enforcement officer to also be necessary as well as reasonable.

Although this legislation makes it somewhat easier to hold officers accountable when they engage in misconduct like unjustified shootings, pursuing a lawsuit against an officer or a police department poses several challenges that only an experienced and specialized lawyer will likely know how to handle.

Should I pursue a case for myself or a loved one?

Being a victim of a wrongful police shooting means your civil rights were violated, and that you may be entitled to compensation. In California, victims of police misconduct, brutality, or excessive force can file a civil lawsuit for injuries, pain and suffering, and other related damages.  In cases of wrongful death, certain close family members can sue for the loss of their relationship with the decedent, loss of support, as well as their own suffering and loss. 

If you or a family member were involved in an incident with police in California that resulted in death or very serious and permanent physical injuries, contact Haddad & Sherwin LLP for a free consultation as soon as possible. Contact a qualified lawyer soon, as many legal deadlines apply.