Police Wrongful Death Settlements
Across the United States, police officers and other law enforcement officials generally have broad powers to carry out their duties. Unfortunately, they often engage in questionable behavior like racial profiling and acts of police brutality, such as the use of lethal force.
While the Constitution and other federal and state laws limit how far police can go to enforce the law, officers often benefit from the qualified immunity doctrine, which shields them from liability in many cases. However, when police use unreasonable levels of force that cause death, the victim’s surviving family members have several avenues for legal recourse. It’s critical for families to take action after losing a loved one to police violence, not just to recover compensation, but to hold the responsible officers and departments accountable for police misconduct.
Were you or a loved one a victim of police brutality?
Attorneys that work with Police Brutality Center may be able to assist you.
Content Last Updated: July 3, 2025
Key Takeaways
- In the United States, it’s all too common for police officers to use excessive force against individuals, which can sometimes turn deadly.
- Under state and federal laws, police brutality victims and their families have legal options for holding the responsible officers and agencies accountable.
- If your loved one died at the hands of the police, Police Brutality Center can connect you with an experienced lawyer to explain your legal options and pursue compensation and accountability through a wrongful death lawsuit.
Understanding Wrongful Death Claims Against Police
The most common situations that result in wrongful death caused by police involve the use of excessive force and shootings. Excessive force by a law enforcement officer is defined as any type of force that is unreasonable or unnecessary under the circumstances. Excessive force can involve hitting, kicking, or using force on a restrained, compliant individual, or lethal force, which involves shooting someone who does not pose an immediate threat to law enforcement or others.
In the aftermath of George Floyd’s murder by a Minneapolis police officer in 2020, protestors across the country filed excessive force claims against police departments. In New York, for example, police officers trapped protestors and assaulted them with batons and fists, pressing hundreds of people together so they couldn’t breathe. Such conduct prompted federal investigations of 12 police departments nationwide, and the U.S. Department of Justice found regular practices of constitutional rights violations in every single one.
Police violence is not random—much of the time, such tactics are used against minority groups. In several states, including Massachusetts, New York, Kentucky, Tennessee, Mississippi, Arizona, and Minnesota, the Department of Justice found a combination of routine use of excessive force and the disproportionate targeting of Black people.
Notable Settlements
According to the National Police Funding Database, police departments nationwide have agreed to 217 publicly reported settlements for misconduct, netting more than $2.3 billion in monetary compensation to victims and their families. Some of the largest groups of settlements involve police departments in major cities settling police misconduct claims en masse. Between 2010 and 2014, New York City spent $600 million on police misconduct cases, while Chicago spent nearly $250 million in the same period. Additionally, between 2005 and 2018, Los Angeles paid more than $190 million for police misconduct settlements.
Other large settlements involve the deaths of individuals who were victims of lethal force by police. Some of these cases spurred nationwide movements toward police reform.
Other major wrongful death settlements involving police include the following:
- Botham Jean (Dallas, TX): Nearly $100 million awarded to Jean’s family over his fatal shooting in his apartment by an off-duty officer
- George Floyd (Minneapolis, MN): $27 million awarded to family members after Minneapolis police officer Derek Chauvin killed Floyd in 2020
- Breonna Taylor (Louisville, KY): $12 million settlement reached following a fatal no-knock raid
- Freddie Gray (Baltimore, MD): $6.4 million settlement after Gray died from injuries sustained in police custody
- Eric Garner (New York, NY): $5.9 million settlement after Garner died from a chokehold during an arrest.
- Daunte Wright (Brooklyn Center, MN): $3.25 million settlement after Wright was fatally shot during a traffic stop
Legal Rights and Recourse
The U.S. Constitution provides numerous protections to people in the United States. The Fourth Amendment protects people from unlawful or unreasonable search and seizure without probable cause or a warrant, giving them the right to be free from excessive force by law enforcement officials. Under the 14th Amendment, states cannot deprive any person of life, liberty, or property without due process of law or deny any person equal protection of the law.
After losing a loved one to police brutality, families do not have to rely solely on the criminal justice system to hold the responsible officers and agencies accountable. Civil lawsuits can provide families with monetary relief and are generally easier to pursue because they have a lower standard of proof. Under Section 1983 of the Civil Rights Act of 1871, anyone can file a lawsuit against officers, departments, or jurisdictions that violated their civil rights.
Section 1983 actions compensate police abuse victims and make police officers and departments accountable to constitutionally required standards of conduct. However, individual police officers have qualified immunity from Section 1983 claims unless their conduct has violated “clearly established” statutory or constitutional norms a reasonable person would have known.
Pursuing a Settlement
When pursuing a civil lawsuit settlement for wrongful death caused by police misconduct, you must prove that the police’s actions infringed on your constitutional rights, exceeded reasonable bounds, and caused some injury or damage. While the standard of proof is lower in civil lawsuits than in criminal cases, you must still present a preponderance of evidence showing that misconduct occurred. This evidence may include:
- Police reports
- Medical records
- Photos of injuries or damage caused by police
- Dashboard camera, body camera, or security camera footage
- Statements of law enforcement officials
- Witness testimony
- Evidence of prior citizen complaints
This evidence can be difficult to gather alone. By working with an experienced civil rights lawyer, you can acquire all available evidence to give your case the best chance of success. An attorney can also determine the liable parties involved in your case and file the paperwork for the lawsuit within your state’s statute of limitations.
Get Legal Help
After experiencing police brutality firsthand, it is critical to work with an experienced civil rights lawyer to seek compensation against the officers and departments responsible for the harm. Because qualified immunity protects police officers, you need an attorney well-versed in state and federal law to overcome defense claims. An experienced civil rights lawyer will investigate your case and fight for compensation.
If you have questions about a loved one’s death at the hands of law enforcement or are ready to file suit, Police Brutality Center can help. We assist people nationwide in finding experienced civil rights attorneys to move their cases through the legal system. You and your family do not have to go through this alone—get legal help here today.
