When Cops Accidentally Shoot Someone, What is the Consequence?
Provided by HG.org
On a Saturday night in September, 2013, an emotionally disturbed man ran through Times Square in New York City mimicking the action of firing a gun at police. Believing in the heat of the moment that they may actually be under fire, the officers responded with actual bullets, hitting two innocent bystanders. Just a few months earlier, nine bystanders were hit by police bullets during a shootout with a disgruntled man who shot a former coworker in the financial district.
So what happens with those bystanders? Do they have the right to press charges against the officers? Bring civil lawsuits? Or, are they simply left holding the bag?
In most states, emergency personnel and other government employees are usually protected in the performance of their duties from liability. This includes the firefighter who smashes down a door or destroys other property while trying to fight a blaze, the EMT that accidentally breaks someone's ribs while administering CPR, or the police officer who inadvertently shoots an innocent person while lawfully pursuing a dangerous suspect. As a result, these individuals and others would escape personal criminal and civil liability in most instances for mistakes or intentional actions that were reasonable under the circumstances. Similarly, the organizations for which these people work are often protected by similar legal principles, either under emergency responder exemption laws or sovereign immunity concepts.
However, most states still have ways of making sure that people injured in these situations are not left holding the bag entirely. A number of states have victim's compensation funds which might contribute to those injured in these situations. Additionally, some organizations will have special insurance policies, either administered by private companies or state run insurance institutions, designed to compensate those injured and shield the government from potential liability.
These provisions only apply when the actions were either accidental or reasonable at the time they occurred, such as in the accidental shootings described above. But what if the officer acts in an intentional manner, injuring someone without reasonable justification or within the bounds of the law. For example, what would happen if an officer used violence to coax an admission from an unwilling suspect, or summarily executed someone? In those instances, the officer would be acting outside the bounds of his legal authority and beyond the reach of the emergency responder and sovereign immunity standards. As such, he would be held personally liable for his actions, both criminally and civilly.
Similarly, if an officer were to act in a grossly negligent manner, even if in the course of his ordinary duties, he might become personally liable. For example, if an officer fires into a closely packed crowd of people when not threatened or reasonably concerned that the suspect will harm a bystander, and someone is injured. This would be close to using unreasonable force outside that authorized by the officer's duties, because his actions were so reckless that harm to others was almost certain to occur. As such, because the actions were wantonly reckless, the law would cause that officer to become personally liable for his poor judgment.
Often, these types of cases will also have a federal component in the form of a civil rights action. Injuring or killing someone who is not a suspect posing a risk to the officer or others could amount to a denial of due process to that individual. In other words, the officer, either intentionally or accidentally, made a decision with the weight of government authority behind him, that injured a person or deprived them of their property without granting them a trial. As such, this argument goes, the officer effectively acted as judge, jury, and executioner and denied the person their fundamental due process rights.
Outside of strictly legal liability, most government employees, and police officers in particular, are subject to fairly stringent performance reviews and internal discipline policies. In many jurisdictions, any officer involved in a shooting is immediately suspended while the incident is investigated and to ensure the officer is psychologically evaluated after what can often be as traumatic an event for the officer as for the unintended victims. If the investigation determines that the officer acted improperly he can be suspended, fired, or, in rare cases, charged criminally. Therefore, while you may not receive any form or compensation or have the gratification of seeing anyone go to jail, the officer's career could be ended by his misdeeds or poor decisions.
If you or someone you know has been injured by a police officer or other emergency responder and want to know whether you may have some sort of recourse, you should contact an attorney in your jurisdiction. Often a personal injury attorney may be able to evaluate this type of case and let you know whether you have a viable claim or if you will need to pursue a remedy outside the courts.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
In most states, emergency personnel and other government employees are usually protected in the performance of their duties from liability. This includes the firefighter who smashes down a door or destroys other property while trying to fight a blaze, the EMT that accidentally breaks someone's ribs while administering CPR, or the police officer who inadvertently shoots an innocent person while lawfully pursuing a dangerous suspect. As a result, these individuals and others would escape personal criminal and civil liability in most instances for mistakes or intentional actions that were reasonable under the circumstances. Similarly, the organizations for which these people work are often protected by similar legal principles, either under emergency responder exemption laws or sovereign immunity concepts.
However, most states still have ways of making sure that people injured in these situations are not left holding the bag entirely. A number of states have victim's compensation funds which might contribute to those injured in these situations. Additionally, some organizations will have special insurance policies, either administered by private companies or state run insurance institutions, designed to compensate those injured and shield the government from potential liability.
These provisions only apply when the actions were either accidental or reasonable at the time they occurred, such as in the accidental shootings described above. But what if the officer acts in an intentional manner, injuring someone without reasonable justification or within the bounds of the law. For example, what would happen if an officer used violence to coax an admission from an unwilling suspect, or summarily executed someone? In those instances, the officer would be acting outside the bounds of his legal authority and beyond the reach of the emergency responder and sovereign immunity standards. As such, he would be held personally liable for his actions, both criminally and civilly.
Similarly, if an officer were to act in a grossly negligent manner, even if in the course of his ordinary duties, he might become personally liable. For example, if an officer fires into a closely packed crowd of people when not threatened or reasonably concerned that the suspect will harm a bystander, and someone is injured. This would be close to using unreasonable force outside that authorized by the officer's duties, because his actions were so reckless that harm to others was almost certain to occur. As such, because the actions were wantonly reckless, the law would cause that officer to become personally liable for his poor judgment.
Often, these types of cases will also have a federal component in the form of a civil rights action. Injuring or killing someone who is not a suspect posing a risk to the officer or others could amount to a denial of due process to that individual. In other words, the officer, either intentionally or accidentally, made a decision with the weight of government authority behind him, that injured a person or deprived them of their property without granting them a trial. As such, this argument goes, the officer effectively acted as judge, jury, and executioner and denied the person their fundamental due process rights.
Outside of strictly legal liability, most government employees, and police officers in particular, are subject to fairly stringent performance reviews and internal discipline policies. In many jurisdictions, any officer involved in a shooting is immediately suspended while the incident is investigated and to ensure the officer is psychologically evaluated after what can often be as traumatic an event for the officer as for the unintended victims. If the investigation determines that the officer acted improperly he can be suspended, fired, or, in rare cases, charged criminally. Therefore, while you may not receive any form or compensation or have the gratification of seeing anyone go to jail, the officer's career could be ended by his misdeeds or poor decisions.
If you or someone you know has been injured by a police officer or other emergency responder and want to know whether you may have some sort of recourse, you should contact an attorney in your jurisdiction. Often a personal injury attorney may be able to evaluate this type of case and let you know whether you have a viable claim or if you will need to pursue a remedy outside the courts.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
