Kern County to Pay $30 Million to Settle Wrongful Death Claim of Excessive Force

Kern County, California is being forced to pay $30 million to the family of a Mojave man who was shot and killed by Kern County police officers in 2020. The decedent’s daughter was working at a Wienerschnitzel in Mojave when her father pulled up to make an order. Moments later, he was shot dead.

In October 2020, the decedent was shot and killed by a Kerns County Sheriff’s Office Deputy in Mojave following a traffic stop. The deputy was attempting to conduct a probation search of the vehicle. Deputies claimed they thought the decedent had a gun and they feared for their lives. The decedent, however, was not armed at the time of the altercation.

A jury found that the decedent was wrongfully killed by the KCSO deputy and awarded his grieving family $30 million in damages. The award will go to the decedent’s seven children that he left behind. Attorneys for the decedent’s family said this was the second-largest award ever levied in a police shooting case in California history.

The family, on the other hand, said their lawsuit was less about the money and more about holding those accountable and clearing their father’s name. The county announced that it disagreed with the decision and maintained that its police officers acted in accordance with the law.

Wrongful death lawsuits filed against government agencies 

The use of force by police officers is not unusual. In most cases, the use of force is justifiable. For a lawsuit to be filed against a police department for excessive force, the plaintiff must show that their actions were unreasonable or unnecessary. What constitutes “excessive” force can be subjective and depends heavily on the circumstances of a citizen’s arrest.

Excessive force occurs any time a police officer exceeds what is considered reasonable and necessary. Excessive force is always illegal. However, lethal force or injurious force may be justified in some circumstances. Police officers are allowed to use deadly force when they believe a citizen poses a significant risk of hurting either the officer or other people. For example, if an officer caught a suspect and the individual attempted to flee, the officer could use deadly force to stop them if the officer believed the suspect would hurt other people.

There are many ways that an officer can engage in excessive force. Some common examples include:

• Beating a handcuffed suspect
• Shootings in which there was no reason for the officer to defend themselves or others
• The improper use of pepper spray such as when a suspect has already been subdued
• The improper use of tasers

Talk to an Oakland, CA Police Brutality Attorney Today 

Venardi Zurada represents the interests of Oakland residents who have been injured due to excessive force used by police officers. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.

Source:

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