First Responder's Misconduct Lawsuits

Lawyers are investigating potential lawsuits alleging first responder misconduct in their handling of issues involving the public. Among concerns regarding first responders is that a lack of proper training of police and other first responders can result in injury or harm to the public and that some members of the police commit acts that amount to abuse of the public. Such police misconduct--or police abuse, can result not only in serious injury but also death of the victim.

First responders are the people who are trained to be the first to respond to an emergency and assist people as needed. They typically include police, fire, and EMTs (Emergency Medical Technicians). Some first responders are certified and all are trained in specific areas of assistance in case of emergency.

Most first responders are highly professional and well equipped to deal with emergency situations. Some jurisdictions, however, may not provide adequate training for their first responders, or may lack proper policies and procedures to ensure all activities are carried out in the safest possible manner. Even in jurisdictions where first responders are sufficiently trained, large-scale emergencies (such as a hurricane) can cause lapses in protocol. In some cases, despite proper training and adequate guidelines, some first responders fail in their duty to the people who need assistance during an emergency. This puts the health, safety, and lives of the public at risk.

In 2015, a $7.7 million wrongful death lawsuit was filed against the D.C. Fire and EMS Department on behalf of the family of Medric Mills Jr., who suffered a heart attack across the street from a fire station. According to The Washington Post (6/3/15), although bystanders ran to the fire station to ask for help, they were incorrectly told that first responders could not be sent until someone called 911. Mills later died.
  Although most police are honest, hard-working individuals, there are members of police forces who violate the ethical standards they are required to uphold. While some violations are done on an individual basis, others may be the result of institutional problems that affect many members of a police force.

Among allegations made in police misconduct cases include: wrongful death, excessive force (including excessive Taser use), assault, sexual misconduct, and battery. According to the 2010 National Police Misconduct Statistical Report (from The CATO Institute), from January through December 2010, there were 4,861 unique reports of police misconduct involving 6,613 sworn law enforcement officers and 6,826 alleged victims. During the same period there were 247 fatalities associated with the tracked reports.

In April, the Los Angeles Police Commission ruled that the shooting of a homeless man by a police officer was unjustified. Even in situations where the police officer is cleared of criminal charges—or does not face criminal charges—a civil lawsuit can be filed if a member of the public has suffered harm.

The city of Chicago reportedly agreed to two settlements totaling $6.45 million. The settlements involved two cases alleging police misconduct, including one in which police officers were accused of using excessive force against a mentally ill man who later died. According to The Guardian (4/13/16) police used a Taser 13 times on Philip Coleman. Although he died from a reaction to a drug given while in hospital, Coleman reportedly experienced severe trauma during the incident, including extensive bruising and scraping.
  In Illinois a recent lawsuit challenged first responder immunity from lawsuits, with the Illinois Supreme Court, in a split decision, ruling the "public duty rule" should be overturned according to the Cook County Record (1/22/16). Victims may be able to file lawsuits against first responders or their employers if their actions—or inactions—cause injury.
 

First Responder Malpractice Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.

 

Last updated on Sep-14-20