Police Misconduct

California Police Misconduct Death Lawyers

Civil Rights Violation · Police Brutality Victim

Police officers are only authorized to use force that corresponds to situational demands. When a police officer negligently discharges his weapon, applies an improper submission hold, or uses an excessive amount of force that results in death, the victims family has the right to bring a wrongful death claim as well an action for the violation of the victim's civil rights. 42 U.S.C. §1983, allows individuals to bring suits in federal courts for civil rights violations.

The consequences of police misconduct can be grave. Wrongful shootings, as well as "less lethal" weapons like Tasers and Mace have caused many deaths. Certain methods of restraint and transportation have been linked to fatalities. The California police misconduct lawyers at Walkup Melodia understand what it takes to tackle a case against the police, sheriff or highway patrol. Whether a death results from inadequate training, negligence, or conscious abuse of authority, our police brutality wrongful death team has been there before.

Because of special procedural rules, statutes of limitations, and governmental immunities, bringing suit against governmental actors including the police requires special experience. At Walkup, Melodia, Kelly & Schoenberger, our governmenal liability group has a deep understanding of the special claims procedures and liability hurdles that face a plaintiff bringing a police misconduct action. Drawing on a wealth of experience, our attorneys strive to achieve justice for those whose loved ones died unnecessary and tragic deaths while in police custody.

Examples of Our Success

Police Misconduct - $1,500,000 Settlement

Our wrongful death specialists negotiated a settlement in the amount of $1,500,000 against a local police department for the wrongful death of a bank executive who was mistakenly arrested for being drunk in public. In fact, the decedent had fallen and suffered from a subdural hematoma. Under the police department's then-existing policy, "suspected drunks" were placed in holding cells until they sobered up. After the deceased could not be roused after five hours in a district station, medical personnel were summoned, but it was too late to prevent his death from global brain damage.

Police Shooting - Wrongful Death Settlement

Our wrongful death attorneys obtained a settlement on behalf of the surviving parents of a 20 year old woman who was killed by police gunfire while she sat in the back seat of her car. Police had stopped the vehicle in order to speak with her boyfriend who was seated alongside her. The police claimed that the vehicle was moving, in an attempt to escape, when shots were fired. Our wrongful death team proved, through the use of expert witnesses, that the vehicle was not moving, and that the police violated their internal shooting manuals, as well as standard police training, in discharging their weapons at the unarmed vehicle occupants.

Highway Patrol Chase - Wrongful Death Jury Verdict

Our wrongful death police liability specialists obtained a jury verdict in Santa Clara Superior Court against the California Highway Patrol for the death of a husband and father which resulted from a high speed chase which resulted from a high-speed chase that covered more than 50 miles. Our attorneys brought suit against the Highway Patrol after they chased a suspect from Contra Costa, across the Golden Gate Bridge, down Highway 280, to San Jose, where he collided with a car containing the decedent, on his way home from work. Our attorneys demonstrated that the CHP officers violated internal policy and procedure manuals, and exposed the public to great danger by instigating a high speed chase when the "suspect" was wanted for nothing more than a traffic violation. (As a result of this verdict, the legislature changed State law to immunize police departments from chase liability.)

If you have suffered serious bodily injury or have experienced the wrongful death of a loved one as the result of police brutality, look to our experienced California attorneys at the office of Walkup Melodia Kelly and Schoenberger - the specialists in police brutality wrongful death cases. We are well versed in the laws governing the use of excessive force and other types of misconduct. Our legal team can help you understand your rights and explore the options you have if those rights have been violated by a police officer.

If you have lost a loved one because of police misconduct or police brutality, Contact Walkup, Melodia, Kelly & Schoenberger for a FREE CONSULTATION with an experienced and compassionate wrongful death attorney.

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The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger represent the families of wrongful death victims in California and Nevada including the cities of San Jose, Sacramento, Oakland, San Francisco, Santa Rosa, Fresno, San Mateo, Walnut Creek, Concord, San Rafael, Napa, Redwood City, Stockton, Modesto, Los Angeles, San Diego, Reno, Las Vegas, Elko, Carson City, and Tahoe.