Deadly Force – Police Shootings
Our New York police misconduct attorneys have experience handling police shooting cases, as well as wrongful death cases. We are compassionate and understand the trauma that this type of misconduct causes in people’s lives. We also know how to expose the fabrications that police officers use to justify the shooting and work closely with forensics experts and police practice experts to establish that the use of deadly force was wrongful.
The unnecessary use of deadly force, including police shooting of a suspect is a violation of the Fourth Amendment to the United States Constitution. Where the suspect poses no immediate threat to a police officer or to others, the harm resulting from failing to apprehend him does not justify the use of deadly force. For a police officer to be justified in using deadly force to apprehend a suspect, the officer must have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. Where there was no probable cause to believe that the suspect posed a serious threat, the use of deadly force is not justified and the injured person, or in the case of death, their family is entitled to be compensated. Under New York law a police officer may be held liable for personal injuries or wrongful death, when they negligently use deadly force. The negligent use of deadly force occurs when police officer use deadly force without exercising the reasonable degree of care which would reasonably be required of police officers under similar circumstances.