When is a Police Officer Liable for Shooting Another Officer?

At times, in the line of duty, a police officer may be shot or injured by another police officer who is also attempting to carry out his or her duties. When this happens, the officer who fired the shot may face civil liability, depending on the circumstances surrounding the incident.

Supreme Court on if a Police Officer Shoots Another

The U.S. Supreme Court has determined that the answer to the question “Is this officer liable for shooting another officer?” must be answered by asking “what would a reasonable officer on the scene have known?”, rather than “what did this officer know?” This standard, also known as the “objective reasonableness” standard, is articulated in Graham v. Connor (1989): “[t]he question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.”

Asking Another Officer

When asking whether an officer is liable, the court isn’t interested in asking the officer. The court isn’t interested in what he or she thought, knew, or believed at that moment. Instead, they will ask what an ordinary “reasonable” officer, in the same position as the officer who fired the shot. They’re interested in what this officer was likely to have thought, known, or believed. They want to know whether that “reasonable” officer would have fired the shot in those circumstances.

What the Court Considers Reasonable

But how does the court decide what a “reasonable officer” would have done in that situation? Here, the court generally turns to a big-picture view of the entire situation. This is known as the “totality of the circumstances.” Under the rule laid out by the U.S. Supreme Court in U.S. v. Arvizu (2002), considering the totality of the circumstances “allows officers to draw on their own experience and specialized training to make inferences… that might well elude an untrained person.” The court will ask how a reasonable, trained police officer would have reacted to the situation based on his/her training. This is different from how a reasonable civilian might have reacted in the same situation.

What happens if a reasonable police officer, considering the circumstances, would not have fired the shot that struck another officer? The court is likely to hold the officer who did fire the shot liable for doing so.

Officer-on-officer shootings are rare. However, there are several cases imposing liability on the shooting officer when he or she unreasonably mistook the victim officer for a threat. Shooting a fellow police officer is objectively unreasonable if the shooter “should have been able to recognize that the figure he was shooting was a fellow officer . . . .” Jensen v. City of Oxnard, 145 F.3d 1078, 1086 (9th Cir. 1998).

Published by
Ogborn Mihm LLP

Recent Posts

Is Colorado a No-Fault State? How Car Accident Claims Work

Colorado is not a no-fault state. It operates under an at-fault (tort) system, meaning the…

3 days ago

Non-Pecuniary vs. Pecuniary Losses: What They Mean for Your Case

Terms such as pecuniary losses and non-pecuniary losses can feel technical and unfamiliar, particularly at…

3 days ago

Traumatic Brain Injury Diagnosis: What Doctors Look For

In Denver, people spend significant time on the road, at work, and in active environments.…

2 weeks ago

Can You Sue Someone for a Sports Injury in Colorado?

Yes, potentially. In some cases, injuries result from unsafe conditions, reckless conduct, or failures in…

2 weeks ago

What Is the Average Settlement for a Traumatic Brain Injury (TBI) in Denver?

There is no true or single average settlement for a traumatic brain injury (TBI) in…

2 weeks ago

What Types of Brain Injuries Can Occur After a Car Accident?

Potential traumatic brain injuries (TBI) sustained in a car accident include: Concussions Brain contusions Coup-contrecoup…

2 weeks ago