Blog

June 4, 2024

Police Misconduct Lawsuit Settlements

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Police misconduct is a serious issue that can have devastating consequences for victims. In some cases, victims of police brutality or misconduct may choose to pursue legal action in the form of a lawsuit to seek legal relief and justice. This is where a trusted California police misconduct lawyer comes into play.

What Are Police Misconduct Settlements in California?

Police misconduct lawsuit settlements can seek financial compensation for the victim, as well as other provisions such as policy changes within the law enforcement agency. Know that settlements are not necessarily an admission of guilt by the law enforcement agency. Instead, they are a way to resolve the legal claims brought by the victims without going through a lengthy and costly trial. Settlements can provide a faster resolution for everyone involved.

How Much Money Do Victims of Police Brutality Get?

The amount of money victims of police brutality or misconduct can receive in a settlement varies widely depending on the specific circumstances of the case. Factors that can influence the settlement amount include the severity of the misconduct, the extent of the victim’s injuries, and any long-term impacts on the victim’s life.

Research shows “averages” ranging from a few thousands to six figures. This is why we discourage clients from focusing on average settlement amounts. Each case is unique. If you are curious about what your claim of police misconduct could be worth, your best course of action is to simply speak to an experienced California police misconduct lawyer. Using our knowledge of cases like yours, you are much more likely to get an accurate understanding of the compensation you are entitled to.  

Who Pays for Police Misconduct Settlements?

Cities or municipalities, not individual officers, typically cover police misconduct settlements using taxpayer funds from city budgets or insurance. For instance, Los Angeles has paid millions to resolve LAPD lawsuits

Officers rarely pay personally unless courts find their actions malicious and outside qualified immunity. These taxpayer-funded payouts have fueled debates about police accountability and the need for reforms.

Average Settlement for Police Misconduct in California

Again, there is no typical or automatic settlement for police misconduct cases in California. Every situation is unique and the causes of police brutality diverse, with its own set of circumstances and factors that contribute to the settlement amount. Some settlements have been in the millions of dollars, while others are just a few thousand.

Many factors contribute to how much a settlement might be, including the severity of the misconduct, the extent of the victim’s injuries, any emotional distress or psychological trauma suffered, the strength of the evidence supporting the victim’s claims, and how much money the police agency has access to. In some cases, the law enforcement agency may also consider the potential damage to their reputation and opt for a higher settlement to avoid further legal action or negative publicity.

Variations in Settlement Amounts

Police misconduct lawsuit settlements vary widely depending on the details of each case. According to a database tracking police settlements, the median payout is approximately $17,500, but high-profile cases or those involving severe injuries often result in significantly larger agreements. For example, wrongful death lawsuits can result in multi-million-dollar awards, especially if the victim was unarmed or the misconduct was extensively documented

Larger settlements are more likely when:

• The case draws significant media or public attention.
• The misconduct involves extreme negligence, such as fatal shootings.
• There is clear video or forensic evidence of rights violations.

In Los Angeles, payouts for lawsuits involving the LAPD have ranged from tens of thousands of dollars to multi-million-dollar settlements in cases like excessive force during protests or officer-involved shootings.

Factors Impacting Settlement Amounts

Various factors directly influence the amount awarded in police misconduct lawsuit settlements, including:

1. Severity of Harm:
   • Cases involving death, serious injuries, or long-term emotional trauma usually lead to higher compensation.
   • Non-physical damages, such as unlawful arrests, may result in lower settlements unless the victim faces reputational harm or financial loss.
2. Strength of Evidence:
   • Solid evidence, such as body camera footage, eyewitness statements, or medical records, can significantly strengthen a case.
   • Cases without physical proof generally face challenges in securing large payouts.
3. Policy Violations:
   • Settlements often increase if it is proven that officers blatantly violated departmental policies or constitutional rights.
4. Representation by an Attorney:
   • Victims represented by experienced police misconduct attorneys, such as those at Pointer and Buelna, LLP, frequently secure better results due to strategic negotiation and understanding of the legal process.

These factors, combined with the jurisdiction where the misconduct occurred, help determine whether a case will be resolved through settlement or proceed to trial.

Do Settlements Stop Police Misconduct?

No, that would be an ideal result. Police brutality lawsuits do, however, hold law enforcement accountable for specific instances. This is definitely important. Public settlements do send a message to society at large. Remember, though, that most lawsuit settlements are confidential. 

Additionally, settlements do not address the underlying issues within law enforcement and society at large that contribute to misconduct in the first place. Also, keep in mind that unless you sue the officer personally, he or she is not paying you out of their own pocket.

Has the Cost of Police Brutality Impacted Police Reform?

Yes, the high cost of police brutality settlements has spurred reforms in cities like Los Angeles. In California, frequent payouts have led to public pressure for changes, including:

• De-escalation training for officers.
• Expanded use of body cameras for transparency.
• Increased oversight by civilian review boards.

Significant LAPD payouts have prompted scrutiny of use-of-force policies, though critics argue reforms must go beyond financial penalties.

FAQs About Police Brutality Lawsuit Settlements

What is the most serious type of police misconduct?

The most serious police misconduct involves excessive force, causing death or severe injury. Other harsh violations include racial profiling, falsifying evidence, and wrongful imprisonment, generally breaching Fourth and Fourteenth Amendment rights.

What is the largest lawsuit against police officers?

The largest lawsuits often involve wrongful deaths or systemic misconduct. In 2020, Louisville paid $12 million to Breonna Taylor’s family. In California, the LAPD has settled multimillion-dollar cases involving wrongful deaths and civil rights violations.

What are the largest civil rights settlements?

Notable agreements include $5.9 million to Ezell Ford’s family in Los Angeles after his fatal LAPD shooting and $41 million to the Central Park Five in New York for wrongful convictions. These cases highlight the cost of civil rights violations.

Need a Police Misconduct Lawyer in California?

If you’ve been a victim of police misconduct in California, the dedicated California police misconduct attorneys from Pointer and Buelna, LLP: Lawyers For The People fiercely stand up for victims’ rights. We will provide you with the support, guidance, and advocacy you need. 

To schedule a free case review and legal consultation, contact our office now or give us a call at (510) 929-5400. We are available 24/7.