What happens when police are responsible for a shooting injury? Can the injured person bring a lawsuit against the police?
Over the weekend, police reportedly shot and injured a man during a high-speed chase. Police in Clayton County shot a carjacking suspect on Saturday afternoon, reports Fox Atlanta.
The shooting occurred pursuant to a high speed chase. The vehicle was reportedly stolen earlier in the afternoon and police caught up with the vehicle, with the chase ending in the vicinity of Norman Drive near Godby Road in Clayton County.
According to police, fire was exchanged with the three suspects, culminating in one of the suspects being shot. The suspect is expected to survive and was taken to Grady Memorial Hospital.
It’s not easy to bring an injury lawsuit against a police officer, especially when the police officer caused the injury while in the line of duty.
First of all, the key difference with such a lawsuit is that it will typically fall under civil rights law. While a personal injury lawyer could help you with the merits of the case, this case carries some implications of civil rights law and a plaintiff would want to make sure that their lawyer had sufficient grasp of that area of the law.
Police officers can be sued in their individual capacity, following an injury they caused, but they are usually protected under the doctrine of qualified immunity. This defense protects police officers in many ways. However, if an officer uses excessive force and injures someone, then the use of force will be scrutinized against the facts surrounding the use of force to see if it was reasonable under the circumstances.
In the case from this weekend, a suspect involved in a high speed chase will have slim chances in suing the officer that shot him.
But not all police brutality cases are shielded by qualified immunity. If you feel that you’ve been injured by a police officer, you can gain some insight by discussing your case with an injury lawyer. Have a look at the related links below for more information.
- Find an Atlanta Personal Injury Lawyer (FindLaw)
- Police Misconduct and Civil Rights (FindLaw)
- Percy Green II Loses Arrest Case, Cop Has Qualified Immunity (FindLaw’s 8th Circuit Blog)