Police Shootings Attorneys

"From our first meeting, we knew we had found the right team. After years of feeling stuck with little progress, it was clear this firm was different. They were knowledgeable and came prepared with a clear, thoughtful plan right away. What stood out most was how efficiently they moved everything forward while still maintaining strong attention to detail. We felt confident, informed, and supported throughout the entire process, and truly appreciated their professionalism. We would highly recommend them to anyone looking for an attorney they can trust."
- Adam Nelson and Michael Nelson

Have you been the victim of a police shooting, or lost a loved one in a police shooting you believe was unjustified? If so, you need the help of the attorneys at Robins Kaplan.

Police officers swear an oath to enforce the law and protect the public. When an officer wrongfully shoots a citizen, that officer has likely violated the victim's constitutional rights, and the victim has the right to hold the officer and the department accountable.

Robins Kaplan is a premier national trial law firm. Our police shooting attorneys represent individuals affected by officer-involved shootings and the family members of those that have died as a result of the shooting. Our attorneys have extensive experience navigating these complex matters, along with a track record of achieving meaningful results for police shooting victims and their families. We work to uncover what actually happened at the scene and also help clients move forward with a clearer understanding of their rights. 

Understanding Police Shootings
Officers are to use their training and operate within the bounds of the Constitution.  Police must adhere to legal limits on how force can be used, especially when it comes to firearms. 

A wrongful police shooting happens when an officer uses deadly force without legal justification, meaning no one faced an immediate threat of serious harm or death.

The Fourth Amendment Applied to Police Use of Force 
Courts analyze most police shootings under the Fourth Amendment, which protects individuals from unreasonable government action, including excessive force by police officers. The law requires officers to act reasonably in these circumstances. Excessive force—including police shootings—may violate one’s civil rights if the level of force used does not match the level of actual threat. 

What Makes a Police Shooting Unlawful?
While the facts of every officer involved shooting must be individually analyzed, some patterns recur across cases. These are patterns and details that speak to the unlawfulness of the police action. 

Such details may include: 

• The individual was unarmed
• The individual was not posing an immediate threat
• De-escalation tactics were not attempted before force was used
• The situation escalated unnecessarily due to officer actions
• Non-lethal options, such as tasers or bean bag rounds, were available but not used
• Force was used during a mental health crisis
• Out of a group of officers, only one used lethal force

The use of a firearm by a police officer is meant only for extreme situations. In many encounters, it would be more appropriate to utilize other methods of control. 

Even then, it’s worth noting that “non-lethal” tools can still cause serious harm. Bean bag rounds, for example, have led to emergency surgeries and even fatal outcomes in some cases. 

What to Expect from a Police Shooting Lawsuit
The Robins Kaplan civil rights team guides clients through every step of the process and uncovers the evidence needed to prove each case.

A police shooting case will often follow this progression: 

• Initial case evaluation: This includes an in-depth review of what took place, who was involved in the incident, and what information is currently available
• Pre-suit investigation & discovery: This will include the review of materials like police and dispatch records; statements and interviews; and any relevant video evidence
• Filing the claim: Your legal team meticulously drafts a legal complaint to file on your behalf. These claims are typically brought under federal law for constitutional violations, often through what are known as Section 1983 claims, and filed in federal court
• Pre-trial strategy & discovery: Your attorneys will continue to gather records and evidence; analyze the use of force; and take the depositions of those at the scene
• Settlement negotiation or trial: Some cases may resolve through a settlement to the victim and/or their loved ones, while other cases may move to trial 
• Compensation and damages: Recovery in a successful claim may include compensation for medical expenses, lost income, pain and suffering, punitive damages, and other losses 

Why Choose Robins Kaplan
Police shooting cases can be complicated, even if they seem straightforward at first. They often involve detailed investigations and vigorous defense from government entities. Having a strong legal team on your side can make all the difference.

Robins Kaplan has a long history of handling civil rights cases that involve police shootings. We have secured significant outcomes for individuals and their families who are affected by the unjustified use of force, both for serious injury cases and wrongful death cases. 

Here are reasons why clients choose Robins Kaplan: 

• Relentless advocacy grounded in experience. We approach every police shooting case with tenacity and a deep understanding of how these incidents are investigated and evaluated
• Strategic, results-driven representation. We develop tailored legal strategies designed to achieve meaningful outcomes in high-stakes civil rights cases
• Independent, thorough case analysis. Our team conducts detailed investigations to uncover critical evidence and fully understand what occurred
• Trial-tested litigation approach. We bring strong trial experience and prepare every case with the expectation that it may be decided by a jury
• Client-centered guidance throughout the process. We work closely with clients to understand their goals and provide steady, informed direction at every stage

Do I need a police shooting attorney or a general civil rights lawyer?
Technically, a police shooting attorney is a civil rights lawyer. But they have specific experience handling cases that involve “the use of force” by a police officer.

What damages can families recover after a police shooting?
Families can recover damages for medical expenses, lost income, and pain and suffering. In the case of a wrongful death, the family steps into the shoes of their loved one and can recover their loss of enjoyment of life as a result of the death. 

What is qualified immunity, and how does it affect my case?
Qualified immunity is a legal defense that can shield officers from liability unless they violate clearly established law, making these cases more challenging to prove and susceptible to appeals to additional courts—in Minnesota, the Eighth Circuit Court of Appeals. 

How long do I have to file a lawsuit?
The deadline depends on the state and type of claim. However, civil rights cases have strict statutes of limitations, so it’s important to act as soon as possible.