Top Lawyers For California Police Excessive Force And Shootings 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.

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.