Attorney for Chicago Police Shootings

Police Shooting Lawsuits: What You Should Know

In police shooting cases, a plaintiff may seek either a state claim under Illinois law, or a federal claim pursuant to the United States Constitution alleging that the officer violated the plaintiff's civil rights, or both. For example, a state willful and wanton negligence claim may allege that an officer drove recklessly through a busy intersection in pursuit of a suspect, accidentally striking and killing a pedestrian in the crosswalk. On the other hand, a federal claim might allege that an officer used excessive force in violation of the Fourth Amendment, leading to the victim's death.

Federal law states that peace officers who subject any U.S. resident to "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws" (42 U.S.C. § 1983) may be held liable for those injuries. For example, generally, a federal wrongful death complaint against a law enforcement officer might cite several constitutional violations, including the following:

• Excessive force (Fourth Amendment) – the shooting was excessive and unreasonable, especially if the victim posed no immediate threat of death or serious bodily injury at the time.
• Denial of medical care (Fourth Amendment) – the officers knew that failure to provide timely medical treatment to the victim could result in further significant injury, but they disregarded the serious medical need.
• Inadequate training (Municipal Liability) – the city’s training polices were not adequate to train its police officers to handle such usual and recurring situations.

Be aware that since peace officers may use force in proportion to what is needed in the course of their duties, whether to arrest a suspect or defend themselves, it is not easy to prove whether an officer used excessive force or was responding to a perceived threat. However, the bottom line is that these decisions rest on the available facts and evidence, as reviewed by the jury.

Wrongful death by police claims in state court usually deal with claims of either willful and wanton negligence or the intentional infliction of harm leading up to the victim’s death.

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Whether you were personally injured by police gunfire or if you want to file a wrongful death lawsuit after losing a family member to the reckless or malicious actions of a police officer, Foutris Law Office, Ltd. can help fight for your civil rights and obtain the justice you deserve. Our firm has proudly achieved the following:

• Successfully represented multiple families of people that were unjustifiably shot to death by police
• Successfully represented multiple people that survived being unjustifiably shot by police
• Other law firms ask Foutris Law Office to help them with their police shootings lawsuits
• Helped victims of police shootings navigate the cauldron of media scrutiny that results from a police shooting

Let Attorney Bill Foutris examine the facts of your situation and help you plan your next legal steps to vindicate your civil rights.