What to decide first
Consider the harm, the parties involved, the available evidence, and whether an attorney review may help.
Case focus
Officer-Involved Shootings
Attorney review for officer-involved shootings involving video, dispatch records, witness accounts, medical evidence, wrongful death, and constitutional standards.
Evidence to preserve
Police, sheriff, or federal agent.
Fatal or permanently disabling wounds.
Attorney review
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Use the case-review form or call (405) 759-0515 to share the basic facts.
Send the key facts for attorney review.
If this involves death, catastrophic injury, a commercial defendant, or evidence that may need preservation, jump to the case-review form or call the firm.
01
Can a police shooting support a civil claim?
Potentially. A person injured by law-enforcement force, or an authorized representative after a death, may have a claim under 42 U.S.C. § 1983 when the facts and governing constitutional standard support it. A separate civil review may examine records beyond an internal investigation.
02
The Legal Standard: Graham v. Connor
When a police shooting constitutes a seizure, courts generally evaluate the use of force under the Fourth Amendment's objective-reasonableness standard and the totality of the circumstances. The analysis is fact-specific and also considers controlling deadly-force precedent.
The legal review may consider issues such as:
- No imminent threat: The victim posed no immediate danger to anyone.
- Evidence disputes: Whether video, physical evidence, or witness accounts contradict a claim that a weapon or threat was present.
- Flight and threat: How controlling law applies to any flight, immediate threat, warnings, and surrounding circumstances.
- Mental-health crisis: What officers knew, the immediacy of any threat, available time, commands, tactics, and other circumstances.
03
Police shooting fact patterns
Fatal Shootings
Wrongful death claims for families who lost loved ones to officer-involved shootings.
Non-Fatal Shootings
Claims for survivors who were shot but lived, often with permanent disability.
Mistaken Identity
Cases where officers shot the wrong person—innocent bystanders or homeowners.
No-Knock Raid Deaths
Fatal shootings during warrant executions where officers failed to announce themselves.
04
Independent Evidence Review
An internal investigation may not address every question relevant to a civil matter. Depending on the facts, separate review may include:
- Video and dispatch records: Identifying available body-camera, dash-camera, surveillance, dispatch, and 911 records.
- Medical and autopsy evidence: Considering whether qualified independent review is appropriate.
- Witness accounts: Identifying people with personal knowledge and preserving available contact information.
- Professional review: Determining whether a qualified use-of-force or other expert is needed.
- Preservation steps: Evaluating written requests or court relief under the circumstances.
05
Facts for Initial Review
- Shooting by Law Enforcement: Police, sheriff, or federal agent.
- Death or Serious Injury: Fatal or permanently disabling wounds.
- Questionable Circumstances: Victim was unarmed, fleeing, or no threat.
Related Resources and Case Review
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