My son would like to know if he could sue the officer that shot him.

UPDATED: May 13, 2009

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My son would like to know if he could sue the officer that shot him.

My son was involved in a police chase at the time my son was diagnosed with a physcotic disorder. The officer’s knew he had a mental condition and was unarmed. The officer’s had my son boxed in and he tried to get away. One the officer’s went towards the truck and was boxed in between the truck and the police car. My son was trying to get away and the officer shot him three times.

Asked on May 13, 2009 under Criminal Law, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Certainly you can claim excessive force here but do you have proof?  At this point, withput any witness(s) to the incident it's just your son's word vs. the officer's. 

In cases like this, absent evidence to the contrary, the court will more than likely take the officer's word.  Also, he can say that he knew of your son's mental condition and was in fear for his life.  Possibly he has a history of this type of behavior but without something like that on your side I don't really think that you have a case here. 

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