Section 1983 Death Claims
Wrongful death claims against the police or jails are different from regular accidents. They are usually filed in Federal Court under 42 U.S.C. § 1983. These cases are about more than negligence; they are about the deprivation of life without due process.
Who Can Sue?
Under Oklahoma law (which federal courts borrow for standing), the administrator of the estate files the lawsuit. Damages can be recovered for the estate (pain and suffering of the deceased before death) and for the surviving family (loss of consortium).
Key Challenges
Qualified Immunity
The biggest hurdle. We must prove the officer violated "clearly established" law.
The "Monell" Claim
To sue the City or County directly, we must prove the death was caused by an official policy or custom.
Federal Justice.
We have specific experience litigating death claims in the Western, Northern, and Eastern Districts of Oklahoma.
Request Federal Case Review