Justified vs Unjustified Police Shootings: Statistics, Legal Standards, and Impact
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Content Last Updated: January 27, 2026
Some of the key factors that are going to be analyzed to determine if a police shooting is a good shooting, a justified shooting, or an unlawful excessive force type shooting is going to be first and foremost whether the person who was shot posed a threat to life or limb of the police or of somebody else.
Legal Definition of a Justified Police Shooting
Many police departments have use-of-force policies, which provide a framework for determining when specific types of force are appropriate. These policies, often known as a use-of-force continuum, detail graduated levels of force and the circumstances under which officers can use them. Deadly force, such as the use of a firearm, is regarded as a last-resort option.
These polices have grown out of the evolving body of constitutional law governing the use of force. Under the law, a police shooting is considered justified when an officer has an objectively “reasonable belief” that there is an immediate threat of death or serious bodily injury to the officer or others.
Scenarios in which a police shooting may be deemed justified include:
- Police shoot a gunman during an active shooter situation.
- Police shoot a person armed with a knife who lunges at an officer or another individual.
- Police shoot a person who drives past barricades and attacks pedestrians with their vehicle.
This “objective reasonableness” standard was established by the 1989 U.S. Supreme Court case Graham v. Connor. A previous landmark Supreme Court case, Tennessee v. Garner, ruled that police cannot use deadly force to prevent the escape of an unarmed, non-dangerous fleeing suspect.
What Constitutes an Unjustified Police Shooting
An unjustified shooting occurs when an officer uses deadly force when there is no immediate threat to danger. Unjustified shootings are a type of police brutality.
Research by Bowling Green State University professor Philip M. Stinson reveals that “almost all” police shootings are ultimately deemed justified by the authorities or the court. According to a 2021 USA Today report, police officers were arrested for murder or manslaughter in approximately 1% of fatal shootings since 2015.
How Courts Determine Justification
When determining whether a police shooting was justified, courts apply the “objective reasonableness standard,” as established by the Supreme Court case Graham v. Connor. This test evaluates an officer’s use of force by considering what a reasonable officer would do in the same situation. The assessment is based on the officer’s perspective at the scene, without the benefit of hindsight.
The court will consider the following:
- What information was available to the officer at the time of the shooting?
- Would a reasonable officer believe deadly force was an appropriate response based on the available information?
Legal Consequences of Unjustified Shootings
When a law enforcement officer is involved in an unjustified shooting, they may face criminal charges that could result in fines or even imprisonment. Additionally, a victim might be entitled to sue the officer and the department for violation of their civil rights due to the use of excessive force.
Under 42 U.S.C. § 1983, individuals have the right to sue government officials, including law enforcement, when their constitutional rights are violated. However, the doctrine of qualified immunity shields officers and departments from liability unless they have violated a “clearly established” constitutional right. This can be a high bar to clear. Thus, representation by an experienced civil rights attorney is typically necessary in these cases.
Notably, a lack of criminal charges does not prevent a victim or their family from pursuing a civil lawsuit against the officer or police department. Numerous victims of police shootings and their families have successfully sought compensation and accountability through lawsuits, even when the officer was not held criminally accountable.
A few examples of cases that secured settlements without a criminal conviction include:
- Philando Castile: Police fatally shot Castile during a traffic stop in Minnesota. The city settled wrongful death lawsuits brought by Castile's family and girlfriend for a total of $3.8 million. A jury acquitted the officer who shot Castile five times in June 2017 on manslaughter and firearm charges.
- Rayshard Brooks: Police fatally shot Brooks in an Atlanta parking lot in June 2020. Brooks' family reached a $1 million settlement with the city, but prosecutors did not pursue criminal cases against the officers involved.
- Amir Worship: SWAT team officers shot Worship, a 12-year-old boy, in the kneecap while he was sitting on the edge of a bed with his hands up. The officer involved faced no consequences, but the city of Richton Park, Illinois, paid $12 million to settle a lawsuit filed by Worship's mother.
What To Do if You Believe a Shooting Was Unjustified
If you or a loved one has been injured in a police shooting that you believe was unjustified, there are steps you can take to help protect your rights:
- Get Legal Help: Contact a civil rights lawyer as soon as possible. Wrongful death 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 works with a network of experienced and knowledgeable civil rights lawyers who can help you pursue the justice you deserve.
- 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. In addition, 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.
Frequently Asked Questions (FAQs)
According to research done by Bowling Green State University Professor Philip M. Stinson, the vast majority of police shootings are ultimately deemed justified.
It is possible to challenge or seek compensation even if a police shooting is deemed justified in criminal court. The outcomes of the criminal justice system do not prevent a victim or their family from pursuing a civil claim for damages. In civil cases, the standard of proof is lower than in criminal cases. However, you must overcome the “qualified immunity” defense by proving that the officer’s conduct violated a “clearly established” constitutional right.
A police officer’s use of force is considered excessive or unjustified when it exceeds what is objectively reasonable to manage a situation.
Yes, excessive force is a common reason for suing police officers. The claims are generally brought under 42 U.S.C. § 1983 as civil rights violations under the Fourth Amendment, which protects citizens from excessive force during arrests or seizures.
Unfortunately, there is no clear timeframe for how long a police shooting investigation will take. Depending on factors such as the case’s complexity and the investigating agency’s caseload, it could be completed in a few weeks, months, or even longer.
Seek Justice After an Unjustified Police Shooting
Understanding the difference between justified and unjustified police shootings is essential for ensuring accountability and protecting civil rights. When law enforcement officers use unnecessary or excessive force, they should be held accountable, and the victims deserve compensation for their suffering.
If you or a loved one has been a victim of police brutality, police shooting lawyers who work with Police Brutality Center may be able to help you. Get legal help today.