A 22-year-old homeless man was shot and killed on Tuesday in Santa Ana, and officials are now confirming he was unarmed. According to ABC News, the deceased, identified as Hans Arellano, had caused a disturbance at a Santa Ana McDonald's restaurant at around 3:00 p.m.. Arellano had allegedly been involved in two physical assaults on customers and was known to sleep behind the restaurant near the location of the shooting. According to the news report, there was some sort of confrontation with police, and the officer fired. While she reportedly had nonlethal weapons available, the officer apparently opted to draw and fire her service weapon instead. The shooting is under investigation.
The Use of Deadly Force
In the past, police departments often had written policies regarding the use of deadly force that sometimes required an officer to discharge their firearm only after they had "exhausted every other reasonable means of apprehension", before firing. It was sometimes stated that an officer could not fire their weapon until "all other means failed". However, those policies did not necessarily set the standard in police misconduct cases that had to be proven in court by an alleged victim or their family. Currently, the liability of a police officer and their employer, when it is alleged deadly force was unnecessarily used, is measured by a reasonableness standard. Civil juries are asked to determine the reasonableness of the officer's actions in light of “the totality of the circumstances at the time,” including “the severity of the crime at issue, and whether the alleged victim posed a reasonable threat to the safety of the officer or others". Simply because some force was justified does not mean that an officer can simply open fire to bring a quicker, easier end to a confrontation or arrest. The amount of force must be only that reasonably necessary to overcome the force being used by the suspect. One way of looking at this is to ask the question: does a simple assault conviction (the allegation against Arellano) carry a death sentence? If the answer is no, and it is, then the shooting is one that has to be carefully examined.
Types Of Remedies Available
In a police misconduct case, the injured party may present both State law and Federal law claims. Under State law, such cases often involve claims for negligence, assault, battery, intentional infliction of emotional distress, false imprisonment and wrongful death. Under Federal law, an injured party may allege that their civil rights were violated under color of State law. This is known as a Section 1983 claim as it is based on Title 42, Section 1983 of the United States Code. These claims may all be combined in a single lawsuit that can be filed in State court. The law in this area is very complicated, and the statute of limitations applicable typically requires that certain action against the public entity be taken within 6 months from the date of the incident.
If you or a loved one has been the victim of what you believe may have been police misconduct, contacting a personal injury attorney who handles such cases is perhaps the best way to find out whether a potential claim has merit.
SOURCE: Man killed in Santa Ana police shooting was unarmed, ABC News, Orange County, July 31, 2013, by Eileen Frere
The Use of Deadly Force
In the past, police departments often had written policies regarding the use of deadly force that sometimes required an officer to discharge their firearm only after they had "exhausted every other reasonable means of apprehension", before firing. It was sometimes stated that an officer could not fire their weapon until "all other means failed". However, those policies did not necessarily set the standard in police misconduct cases that had to be proven in court by an alleged victim or their family. Currently, the liability of a police officer and their employer, when it is alleged deadly force was unnecessarily used, is measured by a reasonableness standard. Civil juries are asked to determine the reasonableness of the officer's actions in light of “the totality of the circumstances at the time,” including “the severity of the crime at issue, and whether the alleged victim posed a reasonable threat to the safety of the officer or others". Simply because some force was justified does not mean that an officer can simply open fire to bring a quicker, easier end to a confrontation or arrest. The amount of force must be only that reasonably necessary to overcome the force being used by the suspect. One way of looking at this is to ask the question: does a simple assault conviction (the allegation against Arellano) carry a death sentence? If the answer is no, and it is, then the shooting is one that has to be carefully examined.
Types Of Remedies Available
In a police misconduct case, the injured party may present both State law and Federal law claims. Under State law, such cases often involve claims for negligence, assault, battery, intentional infliction of emotional distress, false imprisonment and wrongful death. Under Federal law, an injured party may allege that their civil rights were violated under color of State law. This is known as a Section 1983 claim as it is based on Title 42, Section 1983 of the United States Code. These claims may all be combined in a single lawsuit that can be filed in State court. The law in this area is very complicated, and the statute of limitations applicable typically requires that certain action against the public entity be taken within 6 months from the date of the incident.
If you or a loved one has been the victim of what you believe may have been police misconduct, contacting a personal injury attorney who handles such cases is perhaps the best way to find out whether a potential claim has merit.
SOURCE: Man killed in Santa Ana police shooting was unarmed, ABC News, Orange County, July 31, 2013, by Eileen Frere
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