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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default Wrongful Death from a Police Shooting

    I apologize if this is posted in the wrong section. I am new to the forum, if it needs to be move I apologize.

    My question is regarding a case that was first opened in 1987. It involves the city of Glendale, CA my mother and 2 siblings.

    The LA times link below has a good description of what took place the day of the fatal shooting by police officers.

    My question is as follows: Am I (a child of the deceased, now of legal age) able to reopen this case? After speaking with my mother about the incident, she tells me that the case was dismissed and nothing was done against the officers that ended my father's life. I feel that at this age it is only proper for me to try and bring justice to my father and our family for a crime commited by the Glendale Police Department.

    I know it has been about 25 years since this took place. But is there any way I can do anything about it? I.E. reopen the case? If so, where should I start? If not, why?

    I greatly appreciate any information at all.

    HERE IS THE LINK TO THE ARTICLE LATIMES: http://articles.latimes.com/1987-03-...olice-officers

  2. #2
    Join Date
    Jun 2012
    Location
    Chicago
    Posts
    9

    Default Re: Wrongful Death from a Police Shooting

    If you're talking about a civil suit against the city, then it's called Section 1983. That's the typical vehicle for suing the police for wrongful death.

    The problem I see is that 1) the case is an asset of your father's estate, if one was ever opened, and 2) you'd be 20+ years past the statute of limitations in Illinois. I suspect the result would be similar in California but I don't know for sure. Contact a local attorney who handles civil rights cases to get their take.

    Here's a quick primer on Section 1983 litigation from a guy I know: http://www.dcbabrief.org/vol171004art2.html

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Wrongful Death from a Police Shooting

    You are likely outside the SOL ... since it was 25 yrs ago, you are a minimum of 7 yrs past the age of 18 (likely more)...but you should see a lawyer as facts newly discovered may impact this.

  4. #4

    Default Re: Wrongful Death from a Police Shooting

    Even IF there weren't statute of limitations issues (which there clearly are), the federal prosecutor declined to bring charges after an FBI investigation into the matter. What new evidence do you propose to now submit that could have an impact?

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Wrongful Death from a Police Shooting

    Quote Quoting aardvarc
    View Post
    Even IF there weren't statute of limitations issues (which there clearly are), the federal prosecutor declined to bring charges after an FBI investigation into the matter. What new evidence do you propose to now submit that could have an impact?
    Good point .. the OP looking for civil (where SOL applies) or criminal (where SOL may not be expired, depending on the charge)

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