As an Newport Beach resident, you put your trust in law enforcement to serve and protect your community. But what happens when that trust is shattered by an officer’s excessive use of force? Specifically, an officer-involved shooting that results in injury or death? In these devastating situations, you need a tenacious legal advocate on your side – an Newport Beach officer-involved shootings lawyer who will relentlessly pursue justice and accountability.
At Libra Law Firm, our mission is to be that advocate for you and your family. Led by survivor and attorney Sultana Kelantan, our team has years of experience holding law enforcement accountable for civil rights violations, excessive force, and wrongful death. We understand the trauma you’re going through, and we’re here to fight tirelessly to get you the justice and compensation you deserve.
Get in touch with us in a free and confidential consultation. Call Libra Law Firm at (888) 565-3214 today.
What Counts as Officer-Involved Shootings?
An officer-involved shooting occurs when a law enforcement officer discharges their firearm, resulting in injury or death to a civilian. These incidents are often highly controversial and can spark outrage within communities, especially when the shooting appears unjustified or excessive.
While police officers are authorized to use force when necessary to protect themselves or others, that force must be reasonable and proportional to the threat. Unfortunately, there have been numerous cases where officers have used excessive or deadly force against unarmed individuals, or in situations where de-escalation tactics could have been employed.
The consequences of an unjustified officer-involved shooting can be devastating. Innocent lives are lost, families are torn apart, and communities lose trust in those sworn to protect them. That’s why it’s crucial to hold law enforcement accountable when they cross the line and violate the civil rights of citizens.
Holding Law Enforcement Accountable with a Section 1983 Lawsuit
A Section 1983 lawsuit refers to a civil rights claim brought under Section 1983 of the Civil Rights Act of 1871. This federal law allows citizens to file a civil lawsuit when their constitutional rights have been violated by a state or local government official acting under the color of law. Under Section 1983, you may take legal action against officials such as police officers, county sheriffs, deputies, prison guards, wardens, and in some cases, the cities or municipalities employing them.
The key requirement is that the defendant must have been acting in their official capacity as a government agent when the alleged civil rights violation occurred. Importantly, Section 1983 cannot be used to sue private citizens acting independently without any government connection. It also cannot be used to sue federal government employees, as federal officials are subject to different laws and legal standards.
Cases of officer-involved shootings or excessive force typically fall under Section 1983, and this is significant because civilians often find it extremely difficult to find accountability. When an officer-involved shooting occurs, law enforcement agencies often close ranks and attempt to justify the actions of their officers, even in cases where excessive force was clearly used. Victims and their families struggle to seek justice through the legal system.
That’s where Libra Law Firm comes in. We are skilled in taking on powerful law enforcement agencies and holding them accountable for their actions. Our team fights diligently to uphold our clients’ rights and ensure that those who unjustly used force are held accountable.
Through a civil lawsuit, we can pursue compensation for your harm, including medical expenses, lost wages, pain and suffering, and other losses resulting from the officer’s shooting. In egregious cases, we can also seek punitive damages to punish the offending party and deter future misconduct. But more importantly, we can send a strong message that excessive force and civil rights violations by law enforcement will not be tolerated in our community.
Newport Beach Police Officer-Involved Shootings Claims Frequently Asked Questions (FAQs)
What is an officer-involved shooting?
An officer-involved shooting is an incident where a law enforcement officer fires their weapon and causes a civilian’s injury or death. These incidents often raise questions about the use of force and whether the officer’s actions were justified or excessive.
Can I file a lawsuit against the police department if I or a loved one was involved in an officer-involved shooting?
Yes, you may be able to file a civil lawsuit against the police department, the individual officer(s) involved, and potentially other parties, depending on the circumstances of the case. An experienced Newport Beach lawyer on officer-involved shootings can evaluate your case and advise you on the best course of action.
Can I still file a lawsuit if the officer was not criminally charged?
Yes, you can still pursue a civil lawsuit against the officer, police department, or other parties, even if they were not criminally charged or were acquitted in a criminal trial. The standards of proof and legal requirements are different in civil and criminal cases, so it’s possible to achieve a favorable outcome in a civil case even if the criminal case was unsuccessful.
What types of damages can I recover in an officer-involved shooting case?
In a successful civil lawsuit, you may recover damages for medical expenses, lost bills, pain and suffering, mental or emotional distress, and other forms of loss due to the incident. In cases of wrongful death, you may also be able to recover damages for loss of companionship, funeral expenses, and other related costs.
How long do I have to file a lawsuit after an officer-involved shooting?
In California, the statute of limitations for filing a civil rights lawsuit related to an officer-involved shooting is generally two years from the date of the incident. However, it’s crucial to consult with an attorney as soon as possible, as there may be exceptions or additional deadlines that apply to your specific case.
What evidence is important in an officer-involved shooting case?
Several types of evidence can be crucial in an officer-involved shooting case, including:
- Witness statements
- Body camera footage or surveillance videos
- Forensic evidence (such as ballistics and crime scene analysis)
- Medical records
- Police reports and internal investigations
- Expert testimony (for example, from use-of-force experts and medical experts).
An experienced attorney will know how to gather and analyze this evidence to build a strong case on your behalf.
How long does an officer-involved shooting case typically take?
The duration of an officer-involved shooting case can vary widely depending on the complexity of the case, the amount of evidence involved, and other factors. Many cases are settled without going to court, though some proceed to a court trial. Some cases may be resolved within a year, while more complex cases could take several years to reach a resolution. Your attorney will provide you with a realistic timeline and keep you informed throughout the process.
How can an Newport Beach officer-involved shootings lawyer help me?
An Newport Beach officer-involved shootings lawyer can provide invaluable assistance in several ways:
- Conducting a thorough investigation into the incident
- Gathering and analyzing evidence to support your case
- Navigating the complex legal system and procedures
- Representing you in negotiations or litigation against the police department or other parties
- Ensuring that your rights are protected throughout the process
- Pursuing fair and just compensation for your damages.
Having an experienced attorney on your side can significantly increase your chances of achieving a favorable outcome in an officer-involved shooting case.
Why should I choose Libra Law Firm for my officer-involved shooting case?
At Libra Law Firm, we have successfully represented many Californians in civil cases, and we’re fearless in handling officer-involved shooting cases. We have a strong advocacy to hold law enforcement accountable for civil rights violations and excessive force. Our team is led by attorney Sultana Kelantan, a survivor herself, who understands the trauma and challenges you’re facing. We combine legal skill with compassionate support, working for justice and accountability on your behalf while treating you like family.
How much does it cost to hire an Newport Beach officer-involved shootings lawyer?
At Libra Law Firm, we have a contingency fee billing system, which means you don’t pay any out-of-pocket fees or costs. We only get paid when we recover compensation for you. Our fees are a percentage of the settlement or award we obtain, so you can rest assured that we’ll work tirelessly to maximize your recovery.
Libra Law Firm: Your Advocate for Justice Against Officer-Involved Shootings, Police Brutality, and Misconduct
At Libra Law Firm, we understand the challenges involved in pursuing justice against powerful law enforcement agencies. That’s why we approach each case with a comprehensive strategy, using our extensive legal experience and resources to build a strong case on your behalf. We’ll work closely with you and your family, providing compassionate support and guidance throughout the legal process.
By choosing Libra Law Firm for your Newport Beach officer-involved shooting claim, you’ll have skilled legal professionals on your side, fighting to ensure that justice is served. Contact us today at (888) 565-3214 for a free and confidential consultation.
