The Lawyers You Need For Los Angeles Police Excessive Force And Shooting Cases

Our lawyers hold deep respect and appreciation for officers of the Los Angeles Police Department (LAPD), Los Angeles County Sheriff’s Department, Glendale Police Department, Pasadena Police Department, Torrance Police Department and the Long Beach Police Department. These brave individuals play a crucial role in safeguarding our communities.

However, we acknowledge that the criminal justice system, designed to protect and serve, is not infallible. News headlines still read, “Officer involved in shooting.” People with physical, mental, developmental or intellectual disabilities often face higher levels of force during interactions with police. This is because their disabilities can make it harder for them to understand or follow police commands. Police officers may exceed their lawful authority and use lethal force in a police shooting. In such instances, the community demands accountability.

The legal team at McMurray Henriks, LLP, has many years of experience holding police officers accountable for all types of police brutality. We have fought for – and won – landmark multimillion-dollar verdicts and settlements for our clients, including:

• $7.675 million jury verdict in a police pursuit case. This was the largest single verdict ever made against the Los Angeles Police Department.
• $4.65 million police excessive force lawsuit settlement.
• $1.5 million settlement in an excessive force wrongful death case against the county of Los Angeles, where police officers claimed the victim was armed and tried to pull the gun.
• $1.3 million settlement in an excessive force wrongful death case against the county of Riverside, where the victim was a suspect of home invasion/robbery.
• $1.1 million verdict for the adult son of a disabled veteran killed by the Los Angeles Police Department.

If you or a loved one is suffering due to police excessive force or a shooting, contact McMurray Henriks, LLP, for a free consultation. Your results will depend on the nature of the facts of your situation.

Guns Are For Use As Part Of Official Duties

Possession and use of firearms by law enforcement officers, members of the military or naval forces and officials is permissible. An officer must have identification as a full-time paid official with authorization from their employer to carry a firearm while performing duties. In addition to police, sheriffs and marshals, others with authority to carry a firearm may work for these types of entities:

• A federal law enforcement agency such as the Federal Department of Justice
• The Department of Forestry and Fire Protection
• The Department of Corrections and Rehabilitation
• The Department of the California Highway Patrol
• The Department of Parks and Recreation
• The Department of Alcoholic Beverage Control
• Any district attorney’s office
• A county probation department

This is not an exhaustive list. Other officials in California may carry firearms as part of their official duties. For example:

• K-12 public school district for use by a school police officer
• The California Community College, University of California or the California State University police departments

What Constitutes Excessive Force By A Police Officer?

Excessive force by a police officer refers to applying more physical force than is necessary to control a situation, make an arrest, or protect themselves or others from harm. California has specific guidelines and laws that restrict the use of deadly force in situations where it is necessary to defend against immediate threats of death or serious physical injury.

The courts decide by looking at the facts of the case. The main factors include:

• The severity of the crime
• Whether the suspect poses a real threat to the safety of officers or others
• If the suspect is actively resisting arrest
• If the suspect was trying to evade arrest by flight

Any use of force that exceeds guidelines will potentially result in legal consequences for the offending officer.

When Are Police Allowed To Discharge Their Firearm?

Police officers can discharge firearms under specific circumstances that align with the law and departmental policies. Under the law, these situations typically include:

• Self-defense: When an officer reasonably believes there is an immediate threat of death or serious injury to themselves
• Defense of others: When an officer reasonably believes there is an immediate threat of death or serious injury to another person
• Apprehending a suspect: When an officer reasonably believes a suspect poses a real threat of death or serious injury to the officer or others, especially if the suspect is fleeing after committing a violent felony
• Euthanizing animals: In certain situations, officers may discharge their firearms to euthanize animals that are seriously injured or pose a threat to public safety

Police officers’ use of firearms is subject to strict protocols and thorough investigation whenever a gun goes off. California law and various court rulings provide the framework for these actions, ensuring responsible and justifiable use. Whenever possible, a police officer should try to de-escalate. They should tell people that they are a police officer and warn them that they might use deadly force, unless the officer has a good reason to think the person already knows this.

Overcoming Qualified Immunity To Hold Police Accountable For Violence

Qualified immunity often shields law enforcement officers from accountability in cases of excessive force or police shootings. This legal doctrine can make it challenging for victims to obtain justice, as it protects officers unless their actions violate “clearly established” constitutional rights.

However, in California, there are pathways to overcome this barrier and hold officers accountable for misconduct.

Successfully challenging qualified immunity involves demonstrating that the officer’s actions violated a constitutional right that was clearly established at the time of the incident. This requires thorough legal representation and a strong evidentiary basis. Key steps include:

• Documenting the incident: Collecting evidence such as videos, witness statements and medical records is crucial to building a compelling case.
• Citing precedent: Identifying similar cases where courts ruled against qualified immunity can strengthen the argument that the officer’s actions were unconstitutional.
• Leveraging state laws: California’s Tom Bane Civil Rights Act allows victims to file lawsuits for violations of their rights, including excessive force, without the shield of qualified immunity in many cases.

California has also implemented reforms to increase police accountability. For instance, Assembly Bill 392 redefined the standard for the use of deadly force, requiring it to be “necessary” rather than merely “reasonable.” This legislative change provides additional grounds for victims to challenge the use of excessive force.

While overcoming qualified immunity is a complex process, it is not insurmountable. Victims and their families can pursue justice through federal and state courts, seeking compensation for damages and advocating for systemic change. By holding officers accountable, these efforts contribute to a broader push for transparency and fairness in law enforcement practices across California.

If you or a loved one has been affected by police violence, consulting with an experienced civil rights attorney can help you navigate the associated legal challenges and explore all available options for justice. Our attorneys have amassed considerable experience with these cases and stand ready to offer you legal advice and representation.

Contact Us Now For A Free Consultation

Excessive force by law enforcement is not acceptable. If you or a loved one is suffering harm done by law enforcement, call 323-931-6200 to reach our office in Los Angeles. If you prefer, you can send us a note using our online form.