Legal Question in Civil Rights Law in California

Re: Killing of relative by Local Police Department?

Under California Law each may have a separate claim for their damages along with the damages of the child and other specified family members of the decedent's family. This is a matter that REQUIRES an excellent lawyer with experience in police shooting matters and civil rights litigation. Most knowledgable lawyers will take the case on a contingency fee basis and charge you nothing if they lose. Because of the complexity you should get a lawyer near you.

As this did not occur in Southern CA, I would be happy to discuss the facts with you by phone or email and then refer you to a fine lawyer in the bay area.

In all events, get a lawyer soon. There are claims periods which may have to be met and other limiting statutes that need to be coped with.

You can call or e-mail me at [email protected]

Re: Killing of relative by Local Police Department?

Civil rights is not the issue here. If a wife or family member was traumatized by seeing this happen, then the Dillon v. Legg case would apply. It would be like if you saw one of your kids hit by a car. You matter is a straight on tort case. You have to comply with the state Torts Claim act to the letter. Miss by a day, and you're out of court. If you have any questions let me know.

219-340-3890

Re: Killing of relative by Local Police Department?

Besides a negligent infliction of emotional stress cause of action, a wrongfull death cause of action also exists. Civil Rights law applies in that it would need to be shown that the police did not act as a reasonable officers in light of the circumstances. You are strictly limited to file a claim against the governmental agency (police dept., etc.) to six months from date of injury. Call me directly at (619) 222-3504.