A Death the Government Could Have Prevented
Civil rights wrongful death cases arise when a person dies due to unconstitutional government action. These are not ordinary negligence claims — they are federal constitutional violations filed under 42 U.S.C. § 1983. The legal standard requires proving that the government actor's conduct was objectively unreasonable or deliberately indifferent to a known risk to life.
Common Causes of Civil Rights Wrongful Death
- Police Use of Deadly Force: Shootings, chokeholds, or restraint that results in death during arrest or encounter.
- Jail and Prison Medical Neglect: Failure to provide emergency medical care, delayed treatment, or denial of prescribed medication leading to death.
- Restraint Asphyxia: Prone restraint, positional asphyxia, or weight-on-back techniques that prevent breathing.
- In-Custody Suicide: Failure to screen, monitor, or protect a detainee who exhibited known suicidal behavior.
- Jail-on-Jail Violence: Failure to protect a detainee from known threats by other inmates.
- Vehicle Pursuits: High-speed police chases that result in the death of bystanders or suspects.
The Legal Framework: § 1983 and Monell
A civil rights wrongful death claim targets both individual officers and the governmental entity. Individual liability requires proving that the officer violated a clearly established constitutional right. Municipal liability under Monell v. Department of Social Services requires proving that a policy, custom, or pattern of the entity caused the constitutional violation.
Qualified immunity is the primary defense. We build cases with objective evidence — video, medical records, training records, and prior complaints — to overcome immunity arguments before trial.
What We Investigate
- Body camera and in-car camera footage
- Jail surveillance video and cell-check logs
- Autopsy reports and independent forensic pathology
- Use-of-force reports and internal affairs files
- Officer training records and disciplinary history
- Medical records, intake screening, and medication logs
- 911 and dispatch communications
- Prior complaints and similar-incident history
Damages in Civil Rights Wrongful Death
Federal law allows families to recover compensatory damages including:
- Loss of companionship and consortium
- Grief and mental anguish
- Lost financial support and future earnings
- Medical and funeral expenses
- Punitive damages against individual officers (not municipalities)
- Attorney fees under 42 U.S.C. § 1988
Critical Deadlines
Evidence Disappears Quickly
- Body camera footage — subject to department retention policies
- Jail surveillance video — retention periods vary by facility; some overwrite within days
- Witness memory — degrades rapidly if not recorded under oath
- Medical records — jail medical providers may not preserve treatment logs without a litigation hold
⚖ Request a Confidential Case Review
If a family member died in police custody, during an arrest, or in jail, we will evaluate the evidence and legal options at no cost and with no obligation.