Wrongful Death by Police

Before someone becomes a police officer, they take an oath to serve the community. They vow to protect lives, uphold the law, and act with integrity and fairness. However, occasionally the police engage in misconduct or act negligently. Sometimes, police actions result in wrongful deaths. If you lose a loved one because of police misconduct or negligence, you may be eligible to file a wrongful death claim and seek justice and compensation.

What Is a Wrongful Death by Police?

A wrongful death by police arises when someone dies because of the actions or inactions of law enforcement officers. It is not uncommon for people to die due to the misconduct or negligence of police officers. When police misconduct or negligence results in the wrongful death of a person, the victim’s family or estate may be able to bring a civil claim referred to as a wrongful death claim. This claim allows surviving family members to recover damages for their loss while exposing police misconduct or negligence. While a wrongful death claim cannot result in criminal convictions, it may lead to not only financial compensation but also policy changes.

To file a successful wrongful death claim against the police, the family must show that;

• The officer(s) acted negligently or engaged in misconduct
• The action(s) directly caused the death
• The family suffered damages as a result of the death, such as loss of financial support and companionship

It is vital to note that wrongful death claims against the police can be complex, as the police are often protected by doctrines such as qualified immunity or statutory protections. However, courts examine the facts carefully, especially when there is strong evidence of negligence or misconduct.

Common Grounds for Wrongful Death Lawsuits Against the Police

The following are some of the common reasons people file wrongful death claims against the police;

• Excessive use of force
• Failure to render aid
• Reckless driving in a vehicle pursuit
• Illegal detention, resulting in death

Real Case Example

One notable wrongful death case involving police misconduct in Baltimore is the case of a driver who was killed during a 2010 high-speed police chase in West Baltimore involving corrupt members of the now-disbanded Gun Trace Task Force (GTTF). The police officers had conducted an illegal stop, and after finding no drugs, planted drugs in the suspects’ car to justify the pursuit and arrests. The deceased and his partner, who were driving home from visiting their daughter, were not involved in the incident and became innocent victims of the reckless chase. The deceased’s partner suffered severe injuries.

The suspects were wrongfully convicted but later exonerated after investigations exposed widespread misconduct within the GTTF. In 2024, after years of legal battles, Baltimore agreed to pay $6 million to the deceased’s family.

In this case, the police were ultimately at fault for the death because the unlawful stop triggered the high-speed chase that led to the crash. In wrongful death law, this is referred to as proximate cause.

Contact Us for Legal Help

If you’ve lost a loved one because of police misconduct or negligence, contact our skilled Towson wrongful death lawyer at Hardball Law for legal guidance. We serve clients in Towson, Baltimore, and throughout Maryland.

Source:

apnews.com/article/baltimore-police-gun-trace-task-force-settlement-adb63c80ed7437244209241618c093ff