Excessive Force by Police
Police officers can use force to do their job, but the amount of force used must be reasonable under the circumstances. If an officer uses excessive force, the officer and the officer’s employer can be sued. The officer may even be criminally prosecuted.
If a case goes to trial, jurors must judge the reasonableness of the force used from the perspective of a reasonable officer on the scene. A variety of factors can be considered, including whether there were alternatives to the force used.
If you or someone you know may have been the victim of excessive force by police, it is important you seek legal counsel as soon as possible. Herrmann Law Group has successfully represented victims of excessive force and other forms of abuse by police. You can read more details below.
Officer-Involved Shootings
For the past ten years in Washington state, police officers shot and killed, on average, 21 people a year. If an officer acts unreasonably in using deadly force, the officer could be charged with murder or another crime.
Even if an officer is not prosecuted criminally for using deadly force, the officer may be sued civilly. The burden of proof for a civil lawsuit is much lower than for a criminal prosecution. Criminal cases require proof beyond a reasonable doubt. Civil cases only require proof that the allegations are more likely true than not.
Legal Background
Washington state voters approved Initiative 940 in November of 2018. Governor Jay Inslee signed it into law in February of 2019. The new law eliminated the need to prove “malice” in a criminal prosecution of an officer for using deadly force. Additionally, it required officers to attend training on de-escalation techniques, mental health issues, and first aid.
Under the current law, the legal question is whether a reasonable officer would have used deadly force under the circumstances. This makes it easier for prosecutors to prove a case.
While the law did not change the standard of proof in civil cases, increased accountability in criminal cases could strengthen civil cases.
Civil Rights
At Herrmann Law Group, we believe in holding police officers and governments accountable. We vigorously advocate for your civil rights.
If you or someone you know was injured or killed by a police officer, it is critical to seek legal counsel. Do not wait for the criminal prosecution. There may not be one. You need experienced attorneys who understand the law and are on your side.
Charles Herrmann, Lara Herrmann, and HLG, working with civil rights attorney Ben Crump, successfully represented the parents of Antonio Zambrano Montes who was shot and killed by police officers in Pasco, Washington.
Lara Herrmann and Mark Lindquist are currently representing the families of Kevin Peterson Jr. and Jenoah Donald, both of whom were shot and killed by Clark County Sheriff’s Deputies. Mr. Peterson was selling 50 Xanax pills. Mr. Donald, who was unarmed, was pulled over for a “defective rear light.” They are also representing family members in the shooting of Justin Tofte who was shot while he was running away from Vancouver Police.
As the elected Pierce County Prosecutor, Mark Lindquist reviewed and made decisions on more than 50 officer-involved shootings where deadly force was used. He knows the law, understands the significance of the surrounding circumstances, and vigorously advocates for those who have been victimized by police misusing or abusing their authority.
In July of 2020, Lara Herrmann and Crystal R. Lloyd, working with Ben Crump and Dale K. Galipo, filed a claim on behalf of the mother of Bennie Branch. She was a witness to the fatal shooting of her son Bennie by a Tacoma Police Officer.
Our attorneys are on your side. We care about you. We will fight for you. If you or someone you know was the victim of excessive force by a police officer, contact Herrmann Law Group as soon as possible for a free legal consultation.
Call (206) 625-9104 to speak to an attorney or complete this form and we will contact you within 24 hours.