When an Officer’s Use of Force Goes Too Far

When a Washington police officer shoots someone, the shooting is not automatically lawful just because the person was involved in a criminal incident. Officers must use only the force that is objectively reasonable and, under Washington’s use-of-force law, must exhaust available de-escalation tactics first. Survivors and families of those killed can pursue a civil rights claim under 42 U.S.C. § 1983, a state-law wrongful death claim, and negligence claims tied to the officer’s tactics leading up to the shooting. Meyer Thorp, PLLC investigates police shootings across Washington and holds officers and departments accountable.

Why Families Turn to Meyer Thorp, PLLC

  • Experience investigating officer-involved shootings, including body camera, dash camera, and dispatch audio review
  • Relationships with use-of-force and forensic experts who can reconstruct the incident second by second
  • The ability to compel department policies, training records, and prior complaint histories through litigation
  • A contingency-fee structure, so a family pays nothing up front and nothing at all unless we recover compensation
  • Statewide representation against city police departments, county sheriffs, and state law enforcement agencies

What Counts as an Unjustified Police Shooting in Washington?

Not every police shooting gives rise to a claim, but many do. Common patterns our firm investigates include:

  • Shooting someone who was unarmed or who posed no immediate threat of death or serious injury
  • Failing to attempt de-escalation, verbal warnings, or less-lethal alternatives when time and circumstances allowed it
  • Shooting a person experiencing a mental health crisis rather than requesting crisis intervention resources
  • Continuing to fire after a threat had already been neutralized
  • Mistaking a bystander for a suspect, or shooting the wrong person entirely
  • Using deadly force during a low-level stop, such as a traffic violation or welfare check

Several standards can apply, often at the same time. Under the Fourth Amendment, courts ask whether the force used was “objectively reasonable” given what a reasonable officer would have known in the moment. Washington’s own use-of-force statute goes further, requiring officers to use available de-escalation tactics before resorting to deadly force and limiting deadly force to situations where it is necessary to prevent an imminent threat of death or serious injury. The Washington Supreme Court has also confirmed that a shooting victim can bring a separate negligence claim based on an officer’s unreasonable tactical decisions leading up to the shooting, even when the final decision to shoot might otherwise be considered justified. Our attorneys evaluate a case under all of these standards to identify every available claim.

Who Can Be Held Liable for a Police Shooting?

Liability can reach beyond the individual officer who fired the shot. Depending on the facts, potentially responsible parties include:

  • The individual officer, for claims such as assault, battery, and negligence under Washington common law
  • The city, county, or state agency that employs the officer, both for the officer’s conduct and for its own hiring, training, and supervision failures
  • Supervisors who authorized or failed to stop an unlawful use of force

Washington law does not shield officers from state-law tort claims the way federal qualified immunity shields them from some civil rights claims, which is one reason a combined state and federal strategy often gives a family the strongest case.

Does Qualified Immunity Apply to My Case?

Qualified immunity can be raised as a defense to federal civil rights claims brought under Section 1983, and it can make those claims harder to win if the specific conduct at issue was not “clearly established” as unlawful by prior court decisions. It generally does not apply to Washington state-law claims such as assault, battery, or negligence, which is why our attorneys build cases that pursue both federal civil rights claims and state-law tort claims wherever the facts support it.

How Long Do I Have to File a Claim in Washington?

Most personal injury and wrongful death claims arising from a police shooting must be filed within three years (RCW 4.16.080). Because the claim is against a government employee, Washington law also requires filing a written tort claim with the city, county, or state before a lawsuit can be filed, and the case generally cannot proceed until 60 days after that claim is submitted (RCW 4.96.020). Missing this notice requirement can bar the claim entirely, so it is worth speaking with an attorney as soon as possible, especially since body camera footage and dispatch recordings are often retained for only a limited time.

What Compensation Can I Recover?

A successful claim can provide compensation for medical and rehabilitation expenses, lost income, pain and suffering, and, in a fatal shooting, funeral and burial costs along with the loss of the family relationship. Federal civil rights claims can also allow for punitive damages against an individual officer in cases involving reckless or malicious conduct, and may allow the family to recover attorney’s fees.

Talk to a Washington Police Shooting Attorney

If you or a loved one was shot by a Washington police officer, you deserve real answers about what happened and why. Contact Meyer Thorp, PLLC today for a confidential consultation.

Police Shooting Claims

When an Officer’s Use of Force Goes Too Far

When a Washington police officer shoots someone, the shooting is not automatically lawful just because the person was involved in a criminal incident. Officers must use only the force that is objectively reasonable and, under Washington’s use-of-force law, must exhaust available de-escalation tactics first. Survivors and families of those killed can pursue a civil rights claim under 42 U.S.C. § 1983, a state-law wrongful death claim, and negligence claims tied to the officer’s tactics leading up to the shooting. Meyer Thorp, PLLC investigates police shootings across Washington and holds officers and departments accountable.

Why Families Turn to Meyer Thorp, PLLC

  • Experience investigating officer-involved shootings, including body camera, dash camera, and dispatch audio review
  • Relationships with use-of-force and forensic experts who can reconstruct the incident second by second
  • The ability to compel department policies, training records, and prior complaint histories through litigation
  • A contingency-fee structure, so a family pays nothing up front and nothing at all unless we recover compensation
  • Statewide representation against city police departments, county sheriffs, and state law enforcement agencies

What Counts as an Unjustified Police Shooting in Washington?

Not every police shooting gives rise to a claim, but many do. Common patterns our firm investigates include:

  • Shooting someone who was unarmed or who posed no immediate threat of death or serious injury
  • Failing to attempt de-escalation, verbal warnings, or less-lethal alternatives when time and circumstances allowed it
  • Shooting a person experiencing a mental health crisis rather than requesting crisis intervention resources
  • Continuing to fire after a threat had already been neutralized
  • Mistaking a bystander for a suspect, or shooting the wrong person entirely
  • Using deadly force during a low-level stop, such as a traffic violation or welfare check

Several standards can apply, often at the same time. Under the Fourth Amendment, courts ask whether the force used was “objectively reasonable” given what a reasonable officer would have known in the moment. Washington’s own use-of-force statute goes further, requiring officers to use available de-escalation tactics before resorting to deadly force and limiting deadly force to situations where it is necessary to prevent an imminent threat of death or serious injury. The Washington Supreme Court has also confirmed that a shooting victim can bring a separate negligence claim based on an officer’s unreasonable tactical decisions leading up to the shooting, even when the final decision to shoot might otherwise be considered justified. Our attorneys evaluate a case under all of these standards to identify every available claim.

Who Can Be Held Liable for a Police Shooting?

Liability can reach beyond the individual officer who fired the shot. Depending on the facts, potentially responsible parties include:

  • The individual officer, for claims such as assault, battery, and negligence under Washington common law
  • The city, county, or state agency that employs the officer, both for the officer’s conduct and for its own hiring, training, and supervision failures
  • Supervisors who authorized or failed to stop an unlawful use of force

Washington law does not shield officers from state-law tort claims the way federal qualified immunity shields them from some civil rights claims, which is one reason a combined state and federal strategy often gives a family the strongest case.

Does Qualified Immunity Apply to My Case?

Qualified immunity can be raised as a defense to federal civil rights claims brought under Section 1983, and it can make those claims harder to win if the specific conduct at issue was not “clearly established” as unlawful by prior court decisions. It generally does not apply to Washington state-law claims such as assault, battery, or negligence, which is why our attorneys build cases that pursue both federal civil rights claims and state-law tort claims wherever the facts support it.

How Long Do I Have to File a Claim in Washington?

Most personal injury and wrongful death claims arising from a police shooting must be filed within three years (RCW 4.16.080). Because the claim is against a government employee, Washington law also requires filing a written tort claim with the city, county, or state before a lawsuit can be filed, and the case generally cannot proceed until 60 days after that claim is submitted (RCW 4.96.020). Missing this notice requirement can bar the claim entirely, so it is worth speaking with an attorney as soon as possible, especially since body camera footage and dispatch recordings are often retained for only a limited time.

What Compensation Can I Recover?

A successful claim can provide compensation for medical and rehabilitation expenses, lost income, pain and suffering, and, in a fatal shooting, funeral and burial costs along with the loss of the family relationship. Federal civil rights claims can also allow for punitive damages against an individual officer in cases involving reckless or malicious conduct, and may allow the family to recover attorney’s fees.

Talk to a Washington Police Shooting Attorney

If you or a loved one was shot by a Washington police officer, you deserve real answers about what happened and why. Contact Meyer Thorp, PLLC today for a confidential consultation.