From 2013 to 2021 in Florida, police officers were involved in 678 killings, which means one death for every 10,000 arrests. Law enforcement officers have the legal authority to use reasonable force when necessary, however, they must always follow strict protocols and guidelines. If someone dies as a result of officers exceeding these boundaries, families have grounds for a ‘wrongful death’ claim.
We will explain what legal rights are available to families in Florida following a death involving law enforcement, what constitutes illegal use of force or excessive force, how Florida law addresses these cases and what steps to take if you need to pursue legal action.
What Is Police Misconduct and Excessive Force?
Police misconduct is an action by law enforcement officers that violates laws, rules and ethical standards they are supposed to follow. Examples of police misconduct are:
- False arrests or detentions
- Racial profiling
- Deliberate indifference to medical needs
- Unwarranted deadly force, especially against unarmed individuals
- Physical aggression after a suspect has already been subdued
Another case that counts as police misconduct is the use of excessive force.
Definition of Excessive Force by Police
When police use more force than needed to handle a particular situation, it counts as excessive force. It can be an officer using a weapon against someone who is unarmed and does not pose an immediate threat. Continuing to use force after a suspect is already restrained or employing dangerous restraint techniques that restrict breathing.
Exactly these types of situations, where police officers fail to follow protocols or escalate confrontations unnecessarily, cause police brutality and unfortunately wrongful death cases too. When these incidents result in death, because of officers’ mistakes or deliberate actions, their family might have a wrongful death case.
Florida Laws on Wrongful Death by Police
Florida’s Wrongful Death Act governs cases where someone’s death results from another party’s wrongful act, negligence, or default – including deaths caused by law enforcement officers. It gives families the right to pursue justice when a loved one dies due to police misconduct.
To succeed in these claims, families must prove that the officer’s excessive force, negligence, or intentional actions caused the death. Florida law requires claimants to establish the officer’s actions breached their duty to act responsibly and directly led to the fatality.
In police misconduct cases, Florida law presents unique considerations regarding qualified immunity – a legal doctrine that protects officers from liability unless their actions violated clearly established rights.
Filing a Wrongful Death Lawsuit Against Police
Filing a wrongful death lawsuit requires careful steps to build a strong case. Follow these steps:
- Identify Responsible Parties: Determine who is legally responsible for the wrongful death. This could include the individual officer, the police department, or the municipality, depending on the case.
- Gather Evidence: Collect all relevant evidence, such as:
- Witness statements
- Body camera footage
- Autopsy reports
- Other documents proving misconduct or excessive force
- Thorough evidence supports your claim and counters arguments that the officer acted reasonably.
- Hire a Wrongful Death Attorney: Work with a wrongful death lawyer who understands state laws and federal civil rights protections. An attorney can:
- Help gather and analyze evidence
- Negotiate with defendants
- Build and present a compelling case in court
- Address Qualified Immunity: Be prepared to overcome this legal defense, which protects officers unless their actions clearly violated established rights. Proving this often requires expert testimony and comprehensive evidence.
- Seek Compensation: File for financial damages, which may include:
- Medical bills
- Funeral expenses
- Lost income
- Emotional suffering
Families also face a strict timeline. Florida law sets a two-year limit from the date of death to file a wrongful death claim. Missing this deadline may forfeit the chance to seek compensation. Working with experienced wrongful death lawyers ensures the case is filed on time and handled effectively. While compensation cannot replace a loved one, it provides financial stability for the family and enforces accountability.
How to Report Police Misconduct in Florida
Proper documentation and reporting of police misconduct strengthen wrongful death cases and help create accountability. In Florida, multiple channels exist for reporting police misconduct:
- File a complaint with the department’s Internal Affairs division
- Contact civilian oversight boards in your jurisdiction
- Report to the Florida Department of Law Enforcement
- File a complaint with the U.S. Department of Justice Civil Rights Division
When filing a report, provide as much detail as possible, including:
- Date, time, and location of the incident
- Names or badge numbers of officers involved
- Names and contact information for witnesses
- Any available photo or video evidence
- Medical records related to the incident
Filing a report creates an official record of the incident, which can support a wrongful death claim. Documentation such as videos, photographs, and witness statements strengthens the report and provides evidence for further legal proceedings.
Justice for Families: The Importance of Accountability
The impact of losing a loved one to police misconduct extends far beyond the immediate tragedy. Families face profound emotional trauma, financial hardship from lost income and funeral expenses, and the challenging journey of seeking justice through the legal system.
Pursuing a wrongful death lawsuit serves multiple purposes: it provides families with needed financial support, creates accountability for misconduct, and helps prevent similar incidents in the future. When police departments face consequences for misconduct, they are more likely to improve training, strengthen oversight, and implement better policies to protect public safety.
Get a Free Consultation with Miami Wrongful Death Lawyers
Police misconduct and excessive force have devastating consequences for families and communities. Florida’s wrongful death laws provide a pathway to seek justice, but the legal process requires diligence, evidence, and experienced representation. Families seeking justice are encouraged to take action promptly.
Dolan Dobrinsky Rosenblum Bluestein, LLP offers a free, no-obligation consultation to discuss your case. Our Miami wrongful death attorneys work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Call 305-371-2692 today to ensure your voice is heard and your loved one is honored through justice.