If your family member was shot by a police officer or sheriff’s deputy in California, take the following steps as soon as possible:

1. Request an independent private autopsy. Government autopsies may not be fully objective, and an independent evaluation of the cause and manner of death can be critical evidence.

2. Preserve evidence. Secure any video footage (doorbell cameras, bystander videos, police bodycam), photographs, and the names of any witnesses.

3. Do not make statements to police investigators before speaking with an attorney.

4. Contact a civil rights attorney immediately. The 6-month government claims deadline begins from the date of death.

Under California and federal law, police are held to a higher standard when dealing with people experiencing a mental health crisis, including 5150 psychiatric holds. Officers are trained to de-escalate mental health crises and must use the least amount of force necessary.

Gastélum Law has represented multiple families whose loved ones were shot and killed by deputies during 5150 calls while holding non-lethal objects such as a frosting spatula, a wooden stick, and scissors. In each of these cases, we secured significant financial settlements for the families. If your loved one was shot during a mental health crisis, there may be strong grounds for a civil rights lawsuit.

Section 1983 is a federal law (42 U.S.C. § 1983) that allows individuals to sue government officials — including police officers and sheriff’s deputies — when those officials violate their constitutional rights. In a police shooting case, the claim is typically that the officer used excessive force in violation of the Fourth Amendment’s protection against unreasonable seizure.

To succeed in a Section 1983 excessive force case, the attorney must show that the force used was objectively unreasonable under the circumstances. Courts consider factors such as whether the person posed an immediate threat, whether they were resisting arrest, and whether less lethal alternatives were available.

Qualified immunity is a legal doctrine that protects government officials from personal liability unless they violated a ‘clearly established’ constitutional right. It has historically been used by police officers as a defense in excessive force lawsuits.

However, qualified immunity does not prevent lawsuits against the government agency itself (i.e., the city, county, or police department). In California, AB 1506 (2021) also eliminated qualified immunity as a defense in state court civil rights cases. This means that in California, police officers can be held personally liable in state court even if they might be protected under federal qualified immunity standards. An experienced civil rights attorney can advise you on how these rules affect your specific case.

In a successful police shooting civil rights lawsuit, families may be entitled to compensation for:

• Wrongful death damages — loss of financial support, love, companionship, and guidance

• Funeral and burial expenses

• Emotional distress and pain and suffering of surviving family members

• The victim’s pre-death pain and suffering (survival action)

• In rare cases of egregious misconduct, punitive damages against individual officers

Gastélum Law has recovered multi-million dollar settlements in police shooting cases, including cases involving the shooting deaths of mentally ill individuals during 5150 calls.

Yes. We handle police shooting and excessive force cases throughout California — including Los Angeles County, Orange County, San Bernardino County, Riverside County, and statewide.