Because police shootings involve government action, federal cases can be filed under 42 U.S. Code Section 1983, unlawful seizure and deprivation of property. “You bypass all that antiquated state common law and go straight to a federal court where juries can consider damages,” Green says.
These types of lawsuits follow San Jose Charter of Hells Angels v San Jose, a 2005 case considered the first time a court ruled that killing a dog is an unlawful seizure. That suit, stemming from officers killing a rottweiler and two bullmastiffs during the search of the Hell’s Angels clubhouse and several members’ houses, resulted in more than $2 million in settled claims.
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