Quick Answer: Can I sue after a police shooting?
Yes. If police use deadly force unlawfully, the victim (or their family in a wrongful death case) can sue under 42 U.S.C. § 1983 for 4th Amendment violations. We investigate independently—we do not rely on the police to police themselves.
The Legal Standard: Graham v. Connor
Courts evaluate police shootings under the "objective reasonableness" standard from Graham v. Connor. The key question: Would a reasonable officer, facing the same situation, have used deadly force?
We win cases by proving:
- No imminent threat: The victim posed no immediate danger to anyone.
- Planted evidence: Officers claim the victim had a weapon—but body cam shows otherwise.
- Fleeing suspect: Under Tennessee v. Garner, you cannot shoot a fleeing suspect unless they pose a serious threat.
- Mental health crisis: Officers failed to use de-escalation tactics.
Types of Cases We Handle
Fatal Shootings
Wrongful death claims for families who lost loved ones to officer-involved shootings.
Non-Fatal Shootings
Claims for survivors who were shot but lived, often with permanent disability.
Mistaken Identity
Cases where officers shot the wrong person—innocent bystanders or homeowners.
No-Knock Raid Deaths
Fatal shootings during warrant executions where officers failed to announce themselves.
Our Investigation Process
We never rely on the internal investigation. Police investigating police is an inherent conflict. We independently:
- Demand body cam footage: Before it can be "lost" or edited.
- Commission private autopsy: Medical examiners sometimes defer to law enforcement narratives.
- Interview witnesses: We find and depose civilian eyewitnesses.
- Hire use-of-force experts: Former officers who testify on police training standards.
- File preservation orders: Prevent destruction of evidence.
Case Criteria
- Shooting by Law Enforcement: Police, sheriff, or federal agent.
- Death or Serious Injury: Fatal or permanently disabling wounds.
- Questionable Circumstances: Victim was unarmed, fleeing, or no threat.