When police take a suspect into their custody, certain legal duties apply. Neglecting or willfully violating these duties or the suspect’s rights can lead to death. Under these circumstances, eligible family members have the right to file a wrongful death lawsuit.
Pursuing a wrongful death action against law enforcement raises statutory and constitutional issues. Overcoming these issues and winning the compensation that your family deserves requires hiring experienced legal counsel. Turn to the team at Joshua E. Palmer LLC.
Common Grounds For Police Custody Wrongful Death Claims
Criminal suspects are often viewed as expendable in Macon and Warner Robins. But these are people who have families – along with dignity and constitutional rights. When law enforcement neglects its duty to protect those rights, suspects can suffer and die in their custody.
Police exercise considerable control over someone in their custody: not only is the suspect not free to leave, but each of their needs are in the hands of police officers, correctional officers, and jail staff. These are some common situations that lead to wrongful death claims:
- Excessive force: When transporting or otherwise handling suspects, police must not use illegal chokeholds, beatings, or unnecessary taser or gun deployment. Generally, police must not use more force than is required under the situation.
- Denial of medical care: Suspects who sustain gunshot wounds and other injuries during encounters with police should be given medical care. Some suspects have prior medical conditions that require care as well. Denying timely medical attention can lead to death.
- Unsafe jail conditions: Overcrowded jails, violent cellmates, and unwarranted isolation (especially if the suspect is a danger to themself) can be fatal jail conditions. Surviving family members of the deceased suspect may be able to claim wrongful death.
- Police abuse: Officers in Macon and Warner Robins who physically abuse suspects in their custody, or who use violent restraint tactics, put lives at risk. Often, departments and jails have had problems before and simply failed to correct abusive behaviors.
- Wrongful arrest and detention: Although being wrongfully arrested and held in police custody is not necessarily violent, these situations often lead to physical violence or emotional and psychological trauma. In some cases, they can cause the victim to take their own life.
- Excessive force against youth and the disabled: When a suspect in custody is a minor or has a disability, police should especially be cautious about using excessive force. Failure to take these factors into account can easily lead to a wrongful death.
Overcoming Qualified Immunity Challenges
Qualified immunity is one of the strongest objections to wrongful death police custody lawsuits. This doctrine can shield officers who act in their official capacity and view their actions as lawful. It does not apply if the officer violated clearly established constitutional or statutory rights.
However, the Supreme Court has strengthened this defense by requiring plaintiffs to argue legal precedent. In other words, the family of the deceased must show that a violation in question was previously deemed unconstitutional. This is called the clearly established law standard.
This doctrine can make it difficult for families to seek justice in novel cases lacking precedent. However, the qualified immunity defense is not absolute. Your Macon and Warner Robins police custody wrongful death attorney can contest this defense through such legal strategies as:
- Objecting to the clearly established law standard: Although defense attorneys may raise this defense, certain wrongful death cases are so severe that applying the clearly established law standard would permit egregious violations of constitutional rights.
- Applying legal precedent: If a court insists on using the clearly established law doctrine, your attorney can try to argue a similar prior case. Even if the facts do not align perfectly with your case, the constitutional issues at stake could convince the court to set aside qualified immunity.
- Filing the claim in state court: Qualified immunity may not be as strong a defense in Georgia courts, which means a family may consider filing a wrongful death claim there instead (see below).
- Using public pressure: Some cases are so constitutionally offensive that they trigger public outrage at law enforcement and others in the criminal court system. An attorney can help raise the profile of certain cases to help families seek justice.
Filing in Federal Versus State Courts
Plaintiffs often file lawsuits in federal court pursuant to 42 U.S.C. § 1983. This statute creates a private right of action when police act under color of law and violate the victim’s constitutional rights. “Color of law” essentially means the officers acted in their official capacity.
However, as mentioned above, a wrongful death lawsuit may fare better in state court where qualified immunity can be weaker. Other considerations like precedent could also make state court a better route. Without a constitutional violation, state court will be the better option.
For a state wrongful death case, the plaintiffs must prove that the defendant officers acted negligently or intentionally, for example by failing to provide medical care to the suspect. If you are filing a wrongful death lawsuit in state court, you must ensure that you have the right to file.
Georgia law only allows a few individuals to bring a claim, including:
- The deceased victim’s surviving spouse
- Surviving children if there is no surviving spouse
- Surviving parents if there is neither a surviving spouse nor surviving children
- The personal representative of the victim’s estate if none of the above apply
Possible Damages Available in Your Macon and Warner Robins Wrongful Death Claim
The potential damages that are available will vary from one lawsuit to another. In your case, they may include:
- The decedent’s final medical bills
- The income the decedent would have earned had they survived
- The victim’s funeral and burial expenses
- Pain and suffering the victim experienced prior to death
- The surviving family member’s emotional distress and loss of companionship
Families file wrongful death lawsuits not only to secure justice but to deal with the financial burden of losing a loved one. So there is both a monetary and personal component wrapped up in every case. We represent families with the compassion and professionalism they deserve.
We can take a look at your situation and help you decide which damages to pursue. Then, we can get to work determining a dollar value for your lawsuit. This may require us to consult an expert witness who can strengthen your claim for damages.
Contact Our Macon and Warner Robins Wrongful Death in Police Custody Attorney
No family should have to experience the immense loss of having a loved one die in police custody due to negligence or constitutional violations. If this has happened to you, it’s time to explore your legal options. That’s where we come in.
The team at Joshua E. Palmer LLC is proud to serve families in Macon and Warner Robins who lost loved ones due to police misconduct. Reach out to us today to schedule your initial consultation.
Frequently Asked Questions About Police Custody Wrongful Death Cases
What sort of evidence can help my claim?
Evidence related to both your losses as a family and any suffering or other experiences of the deceased will prove relevant to damages. So, too, will any evidence of past police misconduct, especially if the clearly established law standard is strictly applied.
Our firm works hard to obtain the evidence necessary to substantiate our clients’ claims. This includes conducting a preliminary investigation and, after a lawsuit is filed, using the discovery process.
Can I file in both state and federal court?
Depending on the facts, you may be able to file in both state and federal court. To file in federal court you will need to allege violations of constitutional rights; to file in state court you should be able to prove official negligence or intentional wrongdoing.
Your attorney can review the circumstances of your case and help you decide whether state court or federal court, or both, should have jurisdiction over your lawsuit.
Is there a deadline to file?
Plaintiffs in Macon and Warner Robins do not have an unlimited amount of time to file. In some cases it can be as little as six months, or up to two years, depending on the facts and who is being sued. It’s always best to speak with an attorney early to avoid any filing deadlines.
