If a family member died while in custody or due to actions by law enforcement, could you file a lawsuit if there was a wrongful death by a police officer? Both state and federal law make it difficult, but not impossible, to maintain such a lawsuit against a law enforcement agency. Wrongful death is a civil lawsuit brought against a party who caused the death of a family member. That means typically the party acted negligently or intentionally when causing a fatal injury. When these claims involve private individuals, companies, or non-profit organizations, they can involve just about any situation where serious mistakes or intentional acts caused a death.
State Law Limitations on Wrongful Death Lawsuits Against Police Departments
Under Pennsylvania law, that’s not the case if a government entity is involved. State statutes limit wrongful death claims. The legislature has allowed law enforcement broad leeway in performing its role. As a result, there are many legal technicalities of filing a claim. If the state police are involved, Pennsylvania’s Sovereign Immunity Act provides that, as a general rule, the Commonwealth is immune from suit for negligence in state and federal courts. There are many exceptions, however. The most relevant exception to law enforcement immunity is the operation of a motor vehicle.Exceptions to the General Rule for Local Police
One reason it is difficult to charge a police officer with wrongful death in Pennsylvania is the broad protection the state statutes seem to provide. If the police department is a local one, 42 Pa. C.S. 8541 states:“Except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person. “So, when can you charge a police officer with wrongful death? One opportunity is when an officer does not have immunity and when that officer was negligent in his or her actions. The statute also states that a local law enforcement agency shall be liable for damages caused by an injury, if both of the following apply:
- Damages could be recovered under common law (law made by judges over time) or a cause of action created by statute if the injury was caused by a person not having governmental or official immunity.
- The injury is the result of negligent acts by the police department or its employee acting within the scope of their duties concerning one of the listed exceptions to the general rule.
What About Wrongful Death by a Police Officer in a Vehicle Accident?
One exception to the broad scope of police immunity from charges of wrongful death is when the police officer is driving a vehicle. However, if a driver was fleeing or otherwise resisting arrest, or helping others do the same, it is much more difficult to claim that a police officer was negligent while driving. Under this exception of operating a vehicle, there may be a valid claim if your loved one was involved in a fatal accident with a police vehicle negligently driven by the officer. There are times when immunity protection for an officer or police department doesn’t apply. There would be no immunity for local police departments under this statute if the acts or conduct by the officer were criminal, fraudulent, malicious, or willful. But a police department, like all employers, usually is liable when employees act within the scope of their job. A law enforcement agency may argue that it’s not responsible for an employee's committing crimes or willful misconduct. Legal cases that involve potential police misconduct resulting in a death are very complex, overall, and the possibility to hold an officer, a police department, or both responsible makes these cases even more challenging. If your loved one was killed by police action and you believe it was a wrongful death, you should speak with one of our wrongful death attorneys at Wapner Newman.Wrongful Death from Police Shootings and Federal Law
If local or state police caused the death of a family member, federal law (42 U.S.C. § 1983) may be used by the surviving relatives to seek damages. It states that law enforcement officers subjecting any U.S. resident to “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” may be liable for injuries. These injury or wrongful death claims could include allegations of:- use of excessive force
- denial of medical care
- lack of training.