Wrongful Shooting

When Does Wrongful Shooting Occur?



Unless it is absolutely necessary, for instance to preserve their own lives or others around them, it is wrongful for police to shoot or use lethal force. Wrongful shooting describes the use by law enforcement of (lethal) force, more than is reasonably necessary to accomplish their objective.

Wrongful shootings by the police are a form of misconduct, and a violation of civil rights, and the Constitution. Generally, law enforcement should only draw or use weapons as an absolute last course of action:

Using deadly force without justification amounts to excessive force in violation of the 4th Amendment to the United States Constitution. 

The civil rights and wrongful shooting attorneys at The Law Offices of Haytham Faraj are experienced at investigating police shootings to determine if any use of deadly force will amount to a civil rights violation.

Rights of Americans Against Wrongful Shooting

Being a victim of a wrongful shooting means that your civil rights were violated, and that you are entitled to compensation. Under the law, the victim or his survivors may be able to file a civil lawsuit for damages, lost companionship, pain and suffering, and others.

It’s not enough that a suspect is escaping or fleeing – that is not legal justification for an officer to shoot. Instead, courts look to several factors to determine if officer shootings are objectively reasonable.

If your loved one was wrongfully shot by officers, then you have a cause of action under 42 U.S.C 1983. This allows citizens to sue the government for violations of civil rights and prohibits the violation of constitutional rights by people acting under color of law, such as police officers. 

These officers will seek protection under “qualified immunity”, and claim that the force used was proportional or justified. So, to recover, plaintiffs need to show more than the officers were just negligent or didn’t do their job properly. Instead, plaintiffs must show that the officers knowingly violated an established constitutional right.

In shooting cases, that generally means demonstrating that the officers knew they were dealing with someone who did not pose a threat to themselves or others, but the officers opened fire anyway. For example, if officers know that a suspect they are dealing with is unarmed, handcuffed, or otherwise doesn’t pose a threat, but the officers shoot the suspect anyway, they will have a very difficult time arguing that their actions are protected by qualified immunity.

Securing Compensation for Wrongful Shooting

If you or a loved one fell victim of a wrongful shooting, you may be entitled to damages, including medical bills, lost wages, pain and suffering, emotional distress, punitive damages, and your attorney fees and costs.

If you were wrongfully shot or tased, you should know that you are protected by federal law and the U.S. Constitution. The Fourth Amendment prohibits unreasonable searches and seizures, which includes excessive force. A federal law called 42 U.S.C. 1983 



In police shooting cases, plaintiffs may claim under Illinois state law, or under federal law pursuant to the United States Constitution alleging that the officer violated their civil rights. Plaintiffs may also pursue both actions. 

A federal claim brought under 42 U.S.C. § 1983, may cite several constitutional violations caused by the wrongful shooting, including;