Buffalo Police Department Wrongful Shootings Lawyer
When officers of the Buffalo Police Department unjustifiably use excessive force and fatally shoot someone, they must be held accountable for their actions. The families of police shooting victims deserve appropriate compensation for the wrongful death of their loved ones.
Were you or a loved one a victim of police brutality?
Attorneys that work with Police Brutality Center may be able to assist you.
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Content Last Updated: October 14, 2025
Police Brutality Center connects victims and families with attorneys experienced in wrongful police shooting cases. These cases require a thorough understanding of civil rights law, wrongful death statutes, and the internal procedures of the Buffalo Police Department. Take the first step in protecting your rights. Contact Police Brutality Center today for a free and confidential case review.
When Is a Police Shooting Considered Wrongful?
The law considers a police shooting without legal justification to be an excessive use of lethal force. Under the law, an officer can only use deadly force if they have an objectively “reasonable belief” that there is an immediate threat of death or serious bodily injury to the officer or others.
Many police departments follow a use-of-force continuum, which provides a framework for deciding when certain types of force should be applied. The use of a police officer’s firearm or other lethal force is generally regarded as a last resort option.
Some high-profile police brutality cases in the Buffalo area include the following:
- A woman was injured in a shooting at a Lancaster home in June 2025. According to news reports, Officer John Lapiana of the Lancaster Police Department and a probationary officer with the Buffalo Police Department were present at the time of the shooting. The gun involved in the incident belonged to the Buffalo officer, but it was not their service weapon. The unidentified Buffalo officer was suspended, and Lapaina has since been fired.
- Two Buffalo police officers were suspended for pushing a 75-year-old protester to the ground, leaving him bleeding on the pavement during a protest in Niagara Square in 2020.
- Buffalo police officer Majed Ottoman was found to have used excessive force when he fired his weapon at a reportedly stolen vehicle. According to investigative reports, the officer approached the car but began shooting at it when it drove towards him. The vehicle then swerved around the officer and onto the sidewalk. He continued to shoot at the vehicle, resulting in the driver being shot in the hand three times. Bystanders were also nearby, but none were injured in the incident.
- Buffalo police officer Justin Tedesco fatally shot Hernandez Rossy in 2017 as he fled the scene of a marijuana-related traffic stop. According to reports, the officers began to wrestle with Hernandez in his vehicle when they believed he was reaching for a gun. The struggle caused the car to crash into a house, injuring the ear of one of the officers. The injured officer believed he had been shot. Tedesco shot Hernandez, who was unarmed, as he fled from the scene. However, the officers were later cleared of wrongdoing.
Victims’ Rights After a Wrongful Police Shooting in Buffalo
The families of police shooting victims have the right to file a wrongful death lawsuit to seek financial compensation for medical expenses, pain and suffering, and other damages. These lawsuits are typically filed under 42 U.S.C. § 1983, a federal law that holds government officials, including law enforcement officers and police departments, accountable for constitutional rights violations.
Types of Damages Recoverable
Civil wrongful death lawsuits allow families to seek compensation for various damages they have sustained because of their loved one’s death. Common damages that can be recovered in a wrongful death lawsuit include the following:
- Medical expenses
- Funeral costs
- Loss of financial support
- Lost benefits
- Conscious pain and suffering of the deceased
- Loss of enjoyment of life
- Loss of consortium
Settlements in police wrongful shooting cases can vary depending on the circumstances of your case, such as the strength of your witness testimony and evidence, the history of the involved officers, and more.
Statute of Limitations for Wrongful Police Shootings in Buffalo, NY
In most cases, the statute of limitations for filing a personal injury claim in Buffalo, NY, is three years. However, if you are filing a lawsuit against a New York government entity, there are different deadlines and additional steps to follow. You must file a notice of claim within 90 days of the incident before initiating the lawsuit. The lawsuit itself must be filed within one year and 90 days from the incident date. If you miss the deadline, you will lose the right to seek compensation and justice.
How a Wrongful Shootings Lawyer Can Help
Wrongful death lawsuits over fatal Police shootings are complex. Significant legal hurdles exist, such as the police immunity defense. This doctrine shields police officers from personal liability unless they have violated a “clearly established” constitutional right. The defense will also likely argue that the officer’s actions were objectively reasonable. Thus, you need an experienced civil rights lawyer to help you pursue justice.
An attorney can advise you of your options, protect your rights, and pursue the justice your family deserves. A skilled and experienced wrongful death lawyer will handle the following for you:
- Requesting police department records such as past complaints, autopsy reports, body camera footage, and other critical evidence
- Reviewing applicable laws to determine whether to file in state court, federal court, or both
- Determining if the department is also liable
- Interviewing witnesses to the circumstances leading to death
- Consulting with medical professionals and police procedure experts to testify in your case
- Preparing you for depositions or in-court testimony
- Filing your case on time to meet state and federal deadlines
- Negotiating with other attorneys or insurance companies to get you a fair settlement
- Fighting for you in court, if necessary
The Path to Justice After a Wrongful Shooting by Police
Here is a brief overview of steps you can take after a police shooting to help preserve your rights:
- Gather Evidence: Request all police reports, investigative documents, and newspaper articles related to the incident. Collect contact information and statements from witnesses and individuals who can speak to your or your loved one’s character or actions that day. Gather medical records, income statements, and copies of insurance policies.
- File a Complaint: File an official misconduct complaint with the police department. Report the incident to your local Federal Bureau of Investigation, which is responsible for investigating allegations of the criminal deprivation of civil rights. You may also file a complaint with the Department of Justice.
- Get Legal Help: Wrongful police shooting cases can be challenging to win, so having a skilled attorney to evaluate your legal options and advocate for your case is essential. Police Brutality Center has a strong network of qualified lawyers who can help you achieve the results and justice you deserve.
- Mental Health Support & Resources: Coping with the aftermath of a loved one’s death from a police shooting can be mentally and emotionally exhausting. It's essential to prioritize your mental health by giving yourself time and space to process your feelings and to engage in self-care. Police Brutality Center can connect you with support services in your area.
Contact a Buffalo Police Department Wrongful Death Shooting Lawyer Today
If a loved one has died from police misconduct by the Buffalo Police Department, Police Brutality Center can connect you with a qualified civil rights attorney working to pursue the justice your family deserves.
Get legal help today.