Tamir Rice, Ezell Ford, Akai Gurley, John Crawford, Michael Brown — the media made sure we knew these names last year as victims of excessive and deadly force by police officers. Tamir Rice was the 12 year old who was shot within seconds of police arriving at the park at which he was playing with a pellet gun. His family has filed a wrongful death civil suit against the Cleveland Police Department and the officers involved in his shooting.
Law enforcement officers put their life on the line every day to ensure our safety. Sometimes they are required to use force – deadly force – to defend themselves or others. They are however, limited under law as to when it is okay to use deadly force. Lately we have seen a string of tragic incidents in which deadly force has crossed over to excessive or unreasonable force, which is a violation of the Fourth Amendment. When that happens, a wrongful death suit may be an option for the grieving family.
When someone is killed as a result of another’s negligence or intentional harm, a wrongful death case can be filed. Police officers are not above the law where wrongful death is concerned. Even if criminal charges are not brought against the law enforcement officer, a wrongful death suit can still be filed. The burden of proof is not as stringent in civil cases as it is in criminal cases. Instead of having to be guilty by “a reasonable doubt,” the standard of proof for a wrongful death claim is “to a preponderance of the evidence.”
One reason behind adding the entire police department to the claim is because awards are monetary. One law enforcement officer likely would not have enough money to cover the amount of a wrongful death settlement or verdict. Adding an entity like the police department would be more financially beneficial to the plaintiffs. Aside from the money, the department is ultimately responsible for the people they employ and should be held accountable for their actions.
Are all cases successful? Definitely not. Factors of success would be dependent on the evidence. Were there witnesses? Did anyone take video? Did the deceased resist arrest? Was the victim armed? If Michael Brown’s parents were to file suit, they may have a harder time than Rice’s family. There is no clear video and there are conflicting accounts of what happened. But again, they only have to prove their case to a preponderance of the evidence.
Spouses, life partners, parents and children can all file wrongful death suits. They can be compensated for items and losses such as:
- Pain and suffering
- Medical costs
- Funeral and burial costs
- Loss of expected income
- Loss of any inheritance
- Loss of care, guidance, and nurturing
- Loss of love and companionship
- Loss of consortium (spousal companionship)
There have been many successful civil claims against law enforcement agencies and officers when they have exhibited negligence or used excessive force unnecessarily. Keep in mind, most police officers do their jobs to the best of their ability. The majority of the time, the use of deadly force is justified.
If you’d like more information on wrongful death, you can find it on our blog. Call MBC if you have questions about a wrongful death claim. (253) 472-6000. Or you can send us an email or fill out our online form for a free consultation.
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