Miami, OK asked in Criminal Law and Civil Litigation for Oklahoma

Q: Should a civil suit against the county the criminal offences were committed in be filed after the criminal case I'd ove

IF someone is shot fleeing the police and never fired a round can the cops say he fired at the cops to justify shooting him?

1 Lawyer Answer
David A. Cincotta
David A. Cincotta PRO label
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: You ask two questions here. The first question regards when a civil suit should be filed (if a criminal case is pending). The answer to that question is you should not wait to talk to a civil attorney about proceeding with a civil suit until the criminal case is closed. There are too many pitfalls - especially when trying to sue a government entity or employee. The timing is extremely important, and you could be barred from obtaining any relief if deadlines are missed. Talk to a civil attorney and go with the advice provided by whatever attorney you hire.

The second question is a little harder to answer. If evidence was collected properly, it would be difficult (and unlikely) that the police would make up facts about someone firing a weapon if it never occurred. However, law enforcement officers can be justified in shooting a fleeing suspect in situations in which the fleeing suspect did not actually fire a weapon at the officers. These are fact specific cases that require an analysis by an attorney to advise you on proceeding.

You should contact and hire a civil attorney and you can ask him/her both of your questions above.

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