Officer Involved Shootings Lawyers
Officer Involved Shooting Lawyers in Los Angeles
Nothing prepares a family for this. One moment someone you love is alive. The next, you are getting a phone call or watching it unfold on a neighbor’s video and nothing makes sense. You have questions that no one in a uniform is going to answer honestly. You have a right to those answers. And you have legal rights that exist precisely for this moment.
At the Law Offices of Kenneth C. Odiwe, we represent survivors of officer-involved shootings and the families of those killed by law enforcement in Los Angeles. We are officer involved shooting lawyers in Los Angeles who understand both the legal complexity of these cases and the human weight of what you are carrying. Attorney Kenneth Odiwe trained at the Law Offices of John L. Burris, California’s most respected civil rights firm, specifically handling cases like yours. He knows how departments close ranks, how investigations are shaped, and how to fight through all of it.
If a loved one was shot by an officer from the LAPD, LASD, or any other law enforcement agency in Los Angeles County, the time to act is now. The deadline to preserve your legal rights is shorter than most people realize.
Officer-Involved Shootings in Los Angeles - What the Numbers Show
Los Angeles has one of the highest rates of officer-involved shootings of any metropolitan area in the United States. The Los Angeles County District Attorney’s Office through its Justice System Integrity Division (JSID) publicly documents and reviews fatal officer-involved shootings in the county. Their reports are available on record for every year going back to 2016, and they reflect the scale of these incidents in our community.
In Los Angeles County alone, law enforcement agencies discharge their weapons dozens of times each year. Many of these shootings involve individuals in mental health crisis, individuals who were unarmed, or situations where non-lethal alternatives were available and ignored. The communities most affected – South LA, Watts, Compton, East Los Angeles, Boyle Heights, Skid Row are communities where trust in law enforcement is already strained by history.
A shooting does not have to result in death to give rise to a civil rights claim. Survivors of officer-involved shootings, people who were shot and survived have the same right to legal accountability as the families of those who did not. We represent both.
When Is an Officer-Involved Shooting Unlawful?
Not every shooting by a police officer is a civil rights violation. But many are. The legal standards that govern when officers may use deadly force have evolved significantly in California — and understanding where the law draws the line is the foundation of every case we build.
The Federal Standard - Graham v. Connor
Under federal constitutional law, the use of force by a law enforcement officer is evaluated under the Fourth Amendment’s objective reasonableness standard, as established by the Supreme Court in Graham v. Connor (1989). Courts ask whether the force used was objectively reasonable given the facts known to the officer at the moment of the decision, not in hindsight, and not based on the officer’s subjective intent. Relevant factors include the severity of the suspected crime, whether the person posed an immediate threat to officers or others, and whether the person was actively resisting or fleeing.
California's Higher Standard - Assembly Bill 392 (2019)
California went further than federal law with the passage of Assembly Bill 392 in 2019, signed into law by Governor Newsom. AB 392 changed the legal standard for police use of deadly force in California from ‘reasonable’ to ‘necessary’. Under AB 392, officers in California may use deadly force only when it is necessary to defend against an imminent threat of death or serious bodily injury and only when the officer has not contributed to creating the dangerous situation through their own unreasonable conduct.
‘Necessary’ is a meaningfully higher standard than ‘reasonable.’ It means that if a safer alternative existed; retreat, cover, de-escalation, non-lethal tools and the officer chose lethal force anyway, that choice may constitute a constitutional violation under California law. AB 392 also requires courts to consider the totality of the circumstances, including actions the officer took before the shooting that may have escalated the situation unnecessarily.
When the Standard Is Violated
Based on these legal frameworks, a shooting may be unlawful when:
- The person shot was unarmed and posed no imminent physical threat
- The officer used deadly force against someone who was fleeing and presented no threat to others
- Non-lethal alternatives — taser, baton, verbal commands, de-escalation — were available and not attempted
- The officer’s own prior conduct unnecessarily provoked or escalated the confrontation
- The shooting involved a person in a mental health crisis who posed no threat to anyone other than potentially themselves
- The victim was shot after they had surrendered, were restrained, or were already incapacitated
- Multiple shots were fired after the person was down and no longer a threat
- An innocent bystander was struck
- The officer failed to identify themselves or give a warning before firing when it was safe to do so
What Happens After an LAPD or LASD Shooting, and Why You Need Your Own Investigation
The Department's Internal Review
After every officer-involved shooting in Los Angeles, the LAPD activates its Force Investigation Division (FID), which conducts the internal investigation. The LASD has an equivalent process through its Homicide Bureau and Internal Criminal Investigations Bureau. These investigations are conducted by the same agencies whose officers were involved. The results are reviewed by the LAPD Use of Force Review Board or the LASD’s equivalent body, and ultimately by the Chief or Sheriff.
These internal processes are not designed to generate accountability. They are designed to evaluate whether the shooting falls within policy. An officer can be found to have acted within department policy and still have violated the Constitution. These are separate questions. We do not rely on internal reviews to tell us what happened or whether a violation occurred.
The District Attorney's Review
The Los Angeles County District Attorney’s Justice System Integrity Division (JSID) investigates fatal officer-involved shootings in the county to determine whether criminal charges are warranted against the shooting officer. These investigations are separate from the civil case. A DA decision not to prosecute an officer, which is the outcome in the overwhelming majority of cases that does not mean the shooting was lawful for civil rights purposes, and it does not bar a civil lawsuit.
The JSID reports are publicly available on the LA County DA’s website for every year going back to 2016. We obtain and analyze these reports in every applicable case. They often contain critical details about the sequence of events, the physical evidence, and the officers’ own statements that are useful in civil litigation.
Our Independent Investigation
We do not wait for official investigations to conclude before acting. In fact, waiting is one of the most damaging things a family can do. As officer involved shooting attorneys in Los Angeles, our investigation begins the moment you hire us:
- Immediate preservation demand: We send legal holds to the LAPD, LASD, or relevant agency requiring retention of all bodycam footage, dashcam video, radio communications, dispatch logs, and any surveillance footage from nearby businesses or traffic cameras. These materials are often automatically overwritten within days.
- Scene documentation: We document the physical scene, including lighting, sight lines, distances, and any conditions relevant to what the officer could or could not have seen.
- Witness identification: Independent witnesses who were present have no stake in the outcome. Their accounts are often the most valuable evidence in these cases.
- Medical records: We obtain all records relating to injuries sustained, treatment received, and in wrongful death cases, the autopsy and coroner’s findings.
- Officer history: We research the shooting officer’s complete disciplinary history, prior use-of-force complaints, prior lawsuits, and any documented pattern of escalation. This information can be admissible and significantly affects case value.
- Expert analysis: We work with forensic experts, ballistic analysts, and use-of-force experts who can reconstruct the incident and testify to whether the officer’s conduct met the legal standard.
Survivor Claims and Wrongful Death Claims - Understanding Both
If You Were Shot and Survived
Surviving an officer-involved shooting does not diminish your legal rights. Survivors may pursue civil rights claims under 42 U.S.C. § 1983 and California’s Bane Act (Civil Code § 52.1) for the constitutional violations committed against them. Recoverable damages include medical expenses, past and all projected future costs, lost wages and earning capacity, physical pain and suffering, emotional distress and psychological trauma, and in cases of especially egregious conduct, punitive damages against the individual officer.
Gunshot wounds frequently require multiple surgeries, extended rehabilitation, and in many cases produce permanent disability. The full cost of a shooting injury — calculated over a lifetime — is often significantly larger than the immediate medical bills suggest. We work with medical economists and life care planners to build a complete picture of your losses.
If a Family Member Was Killed
When an officer-involved shooting results in death, the family may bring a wrongful death claim under California Code of Civil Procedure § 377.60 alongside a civil rights survival claim under § 1983. These are distinct claims and are pursued together. The wrongful death claim belongs to the surviving family members; spouse, children, parents in some circumstances and compensates them for their own losses: the financial support the deceased provided, the companionship and guidance they gave, and the grief and sorrow of the loss. The survival claim, brought on behalf of the deceased’s estate, covers the pain and suffering the person experienced before death, their medical expenses, and other damages they personally suffered.
In cases involving willful misconduct or conscious disregard for constitutional rights, punitive damages may also be pursued against the individual officer. Punitive damages in police shooting cases can be substantial — particularly where the officer has a prior history of excessive force complaints and they serve a deterrent purpose beyond compensating the family.
Police Shootings Involving Mental Health Crises in Los Angeles
A significant number of officer-involved shootings in Los Angeles involve individuals who are experiencing a mental health crisis at the time of the encounter. Studies of LAPD and LASD data consistently show that people with mental illness are disproportionately represented in use-of-force incidents and fatalities.
California law and department policy both recognize that individuals in mental health crisis, people who are suicidal, experiencing a psychotic episode, or behaving erratically due to a psychiatric condition that require a different approach than a person who is armed and deliberately threatening others. The LAPD has a dedicated Mental Evaluation Unit (MEU), and both the LAPD and LASD have trained personnel for mental health crisis response. When those resources are not deployed, or when an officer responds with force to a crisis that trained personnel could have resolved without injury, that decision may be legally actionable.
Under AB 392, the failure to use available de-escalation techniques before resorting to deadly force is directly relevant to whether the force was ‘necessary’ under California law. If an officer shot someone who was in mental health crisis and who posed no threat to others even if they posed a threat to themselves, that shooting may not meet the legal standard required.
What Compensation Can Families and Survivors Recover?
The value of an officer-involved shooting case depends on the severity and permanence of the injuries or death, the strength of the liability evidence, the number of parties responsible, and the egregiousness of the officer’s conduct. These cases can involve substantial recoveries, particularly in Los Angeles, where civil juries have shown willingness to hold law enforcement accountable when the evidence is clear.
Economic Damages | Non-Economic Damages |
|---|---|
Medical expenses — all past and future costs | Physical pain and suffering |
Lost wages and lost earning capacity (survivor) | Emotional distress and psychological trauma |
Loss of future earnings (wrongful death) | Loss of companionship and consortium |
Funeral and burial expenses (wrongful death) | Loss of parental guidance (children) |
Rehabilitation and long-term care costs | Grief and bereavement (wrongful death) |
Property wrongfully seized or damaged | Punitive damages (egregious misconduct) |
Attorney’s fees are also separately recoverable under 42 U.S.C. § 1988 in successful federal civil rights cases. This means your compensation is not reduced by legal fees, the defendant is ordered to pay our fees on top of your award.
What to Do Immediately After an Officer-Involved Shooting
The actions taken in the hours and days after a shooting can significantly affect a family’s ability to pursue justice. Here is what matters most:
- Do not speak to investigators without legal counsel: If you were a witness to the shooting, or if you are the surviving victim, you may be contacted by law enforcement investigators or department representatives. You have the right to speak with an attorney first. Anything you say can be used to shape the official narrative of the incident.
- Document and preserve everything you have: Any photographs, videos, or recordings of the incident or its immediate aftermath. Screenshots of social media posts that have since been removed. Written notes of everything you witnessed or were told. Back these up in multiple locations immediately.
- Identify all witnesses: Anyone who was present and saw what happened. Names and contact numbers. Bystander witnesses are often the most valuable — and they scatter quickly.
- Request all official records: Police report number, responding officer names and badge numbers, ambulance and fire records if applicable. These can be obtained through public records requests and we will pursue them on your behalf.
- Seek medical attention and document injuries: For survivors, every medical visit, every diagnosis, every procedure creates the medical record that establishes the full scope of your injury. Do not minimize or skip medical care.
- Do not speak to the city or county attorney’s office without us: Government attorneys may contact families of shooting victims. They represent the agency, not you. Any communication should go through your attorney.
- Call us immediately: The six-month deadline runs from the date of the incident. Every day matters. Call (669) 315-4431 any time.
Communities We Serve Across Los Angeles County
We represent survivors and families affected by officer-involved shootings throughout Los Angeles County, in communities policed by the LAPD, LASD, and independent municipal departments:
- City of Los Angeles — South LA, Watts, Compton, Skid Row, Boyle Heights, East LA, Hollywood, San Fernando Valley, North Hollywood
- LASD-policed communities — East Los Angeles, Lennox, Willowbrook, Altadena, Compton (station), Palmdale, Lancaster
- Long Beach, Inglewood, Hawthorne, Gardena, Torrance, Carson
- Pasadena, Glendale, Burbank, West Hollywood, Culver City
- Pomona, West Covina, El Monte, Baldwin Park, Azusa
- Santa Monica, Malibu, and surrounding West LA communities
If you are not sure which agency was involved or whether we handle cases in your community, call us. We represent clients throughout California and will tell you directly what we can do.
Contact an Officer-Involved Shooting Attorney in Los Angeles — Free
Your family deserves answers. You deserve to know what the law says about what happened, what your rights are, and what accountability is possible. You should not have to figure this out alone while you are also trying to grieve, or heal, or hold your family together.
The Law Offices of Kenneth C. Odiwe offers a completely free, confidential case review to every person who contacts us. Kenneth personally handles every officer-involved shooting matter. No fees unless we win. No upfront costs. And because the six-month government claims deadline cannot be extended, please do not wait.
Frequently Asked Questions
The DA said the shooting was justified. Does that mean I cannot sue?
No. A decision by the Los Angeles County District Attorney not to prosecute a shooting officer is a criminal law determination. It has no direct bearing on a civil rights lawsuit. Criminal charges require proof beyond a reasonable doubt; civil claims require only a preponderance of the evidence, a meaningfully lower standard. Moreover, the DA’s office evaluates whether criminal conduct occurred under criminal statutes. A civil case evaluates whether the officer’s conduct violated the Constitution and California civil rights law. These are separate legal questions with separate standards of proof. The overwhelming majority of civil rights cases in this area proceed without any criminal charge against the officer, and many result in significant recoveries for the families involved.
What is the difference between AB 392 and the federal 'reasonable force' standard?
The federal standard established in Graham v. Connor, asks whether the officer’s force was ‘objectively reasonable’ given what the officer knew at the time. California’s AB 392 (2019) replaces ‘reasonable’ with ‘necessary’ and adds requirements that were not part of the federal analysis: courts must consider whether the officer contributed to creating the dangerous situation, whether de-escalation was available but unused, and whether the totality of circumstances, including the officer’s conduct leading up to the use of force — made lethal force necessary. In practice, AB 392 gives civil rights attorneys additional grounds to challenge shootings that might have been defensible under the federal standard alone.
Can I sue the LAPD or LASD directly, not just the individual officer?
Yes. Under the Supreme Court’s decision in Monell v. Department of Social Services, a government entity can be held liable under § 1983 when a constitutional violation results from an official policy, a widespread practice, or deliberate indifference to a known pattern of misconduct. We investigate every applicable case for Monell liability. including whether the department had prior notice of the officer’s propensity for excessive force, whether its training was constitutionally deficient, or whether its policies created the conditions for the shooting. Claims against the City of Los Angeles (LAPD) or LA County (LASD) must follow the government claims process with the six-month filing deadline.
What if my family member had a weapon when they were shot?
Having a weapon does not automatically make a shooting lawful. Under both federal and California law, the relevant question is whether the officer’s use of deadly force was necessary given the actual threat posed at the moment of the shooting. An officer cannot use deadly force simply because a person is armed, the person must present an imminent threat of death or serious bodily injury to the officer or others. We have handled cases where individuals who were armed were shot in circumstances that did not justify lethal force. including situations where the person was not raising the weapon, was retreating, or was incapacitated. The specific facts of each case determine whether the force was lawful.
What if the shooting was captured on video?
Video evidence is enormously valuable in officer-involved shooting cases. but it is not always decisive and it requires careful analysis. Bodycam footage can be incomplete, obscured, or deliberately framed. We work with forensic video experts who can enhance, stabilize, and analyze footage frame by frame. We also pursue all secondary video sources — bystander recordings, nearby business surveillance, traffic cameras, and aerial footage from police aircraft. When video evidence contradicts the official narrative, it becomes one of the most powerful tools available in civil litigation.
How long do these cases take?
Officer-involved shooting cases are complex and typically take between one and three years to resolve, depending on whether the case settles or goes to trial. Cases involving the City of Los Angeles or LA County go through a formal government claims process before any lawsuit is filed, which adds time at the beginning. We move as efficiently as the law allows and keep families informed at every stage. What matters is building the strongest possible case. not settling quickly for an amount that does not reflect what happened.
How much does it cost to hire Kenneth C. Odiwe?
Nothing upfront. We handle all officer-involved shooting cases on a contingency fee basis. You pay no legal fees unless we recover compensation for you. In successful federal civil rights cases under § 1983, the law separately requires the defendant to pay our attorney’s fees. meaning your recovery is not reduced by our fees. Every family who contacts us receives a free, confidential case review regardless of their financial situation.