Idaho Police Shooting Sparks Wrongful Death Lawsuit: What Families Need to Know

In 2023, law enforcement officers in Idaho fatally shot 13 people, a grim statistic highlighting the potential for tragic encounters between police and civilians. When these encounters result in death, especially under questionable circumstances, families are often left grappling with grief, confusion, and a burning desire for justice. In these situations, understanding the possibility of filing a wrongful death lawsuit becomes crucial. Recently, a California law firm notified the city of Pocatello, Idaho, of its intention to file a federal wrongful death lawsuit on behalf of the family of Victor Perez, a 17-year-old boy with intellectual disabilities who was shot multiple times by police officers. This case underscores the complexities and emotional weight surrounding police shootings and the subsequent legal actions that may follow.

What is a Wrongful Death Lawsuit?

In Idaho, a “wrongful death” is defined as a death caused by the “wrongful act or neglect of another.” This means that if someone dies due to the negligence or intentional actions of another party, the surviving family members may have grounds to file a wrongful death lawsuit. These lawsuits are civil actions intended to hold the responsible parties accountable and provide compensation to the deceased’s family for their losses.

Elements of a Wrongful Death Claim in Idaho

To succeed in a wrongful death claim in Idaho, several key elements must be proven:

Duty of Care: The defendant (the person or entity being sued) owed a duty of care to the deceased. This means they had a legal obligation to act in a way that would not cause harm. For instance, police officers have a duty to act reasonably and responsibly to prevent harm to the public.
Breach of Duty: The defendant breached this duty of care through negligence or intentional misconduct. In the context of a police shooting, this could involve the use of excessive force or failure to follow proper procedures.
Causation: The defendant’s breach of duty directly caused the death of the individual. There must be a clear link between the actions of the defendant and the resulting fatality.
Damages: The surviving family members have suffered damages as a result of the death. These damages can include financial losses, emotional distress, and loss of companionship.

Who Can File a Wrongful Death Lawsuit in Idaho?

Idaho law specifies who is eligible to file a wrongful death claim. Generally, the following parties can pursue a lawsuit:

The personal representative of the deceased person’s estate
The heirs of the deceased person’s estate
The deceased person’s surviving spouse
The deceased person’s surviving children or stepchildren
The deceased person’s parents

Compensation Available in an Idaho Wrongful Death Case

In a successful wrongful death lawsuit, the court awards “damages” to compensate the deceased person’s survivors for their losses. These damages typically fall into two categories: economic and non-economic.

Economic Damages: These are tangible losses that can be easily calculated, such as:
- Medical expenses related to the deceased’s final illness or injury
- Funeral and burial expenses
- Loss of the deceased’s expected earnings and benefits
- Loss of household services the deceased provided
Non-Economic Damages: These damages are more subjective and are intended to compensate for intangible losses, such as:
- Loss of the deceased’s care, comfort, and companionship
- Emotional distress and mental anguish

It’s important to note that Idaho law places a cap on non-economic damages in wrongful death cases. As of 2021, this cap was raised to $399,430.74 per claimant. However, there is no limit on economic damages. Also, Idaho does not allow damages to be awarded in wrongful death cases for pain and suffering, whether suffered by the deceased just before death or by the family members as a result of the death.

The Case of Victor Perez: A Closer Look

The shooting of Victor Perez in Pocatello highlights the complexities and sensitivities surrounding police use of force, especially when individuals with disabilities are involved. According to reports, Perez, who was described as nonverbal and autistic, was in a fenced yard holding a kitchen knife when police were called. Within seconds of arriving, officers opened fire, shooting Perez multiple times.

The family’s legal team argues that the officers used excessive force and failed to de-escalate the situation, especially considering Perez’s disabilities. They claim that Perez was not threatening anyone and that the officers had alternatives to using deadly force.

This case raises important questions about police training, crisis intervention techniques, and the appropriate use of force when dealing with individuals with mental health issues or intellectual disabilities. It also underscores the emotional distress and trauma that families experience when a loved one is killed in a police shooting.

Police Use of Force: Policies and Procedures

Police use of force is governed by a complex set of laws, policies, and procedures. Law enforcement officers are authorized to use force when necessary to make an arrest, protect themselves and others from harm, or prevent the escape of a suspect. However, the amount of force used must be “objectively reasonable” under the circumstances.

The U.S. Department of Justice has a policy emphasizing that officers may use force only when no reasonably effective, safe, and feasible alternative appears to exist. The decision to use force requires careful attention to the facts and circumstances of each case, including the severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting arrest.

In Idaho, the Department of Fish and Game (IDFG) has a use of force policy that reflects a reverence for human life. Conservation officers are instructed to attempt to control incidents using time, distance, communication, and available resources to de-escalate situations whenever safe, feasible, and reasonable. Deadly force is authorized only when an officer reasonably believes it is necessary to defend human life or prevent serious bodily injury.

Factors to Consider After a Police Shooting

If your family has been affected by a police shooting, it’s crucial to understand your rights and options. Here are some important considerations:

Seek Legal Counsel: Consult with an experienced attorney who specializes in civil rights and wrongful death cases. An attorney can help you understand the legal process, assess the merits of your claim, and protect your rights.
Independent Investigation: Request an independent investigation of the shooting. It’s essential to have a thorough and impartial review of the facts and circumstances surrounding the incident.
Preserve Evidence: Gather and preserve any evidence related to the shooting, such as photos, videos, and witness statements.
Understand the Statute of Limitations: In Idaho, the statute of limitations for wrongful death claims is generally two years from the date of death. It’s crucial to file a lawsuit within this timeframe to preserve your right to seek compensation.
Emotional Support: Seek emotional support from family, friends, or a therapist. Dealing with the loss of a loved one is incredibly difficult, and it’s important to have a strong support system in place.

Conclusion

An Idaho police shooting that sparks a wrongful death lawsuit brings many questions that families need answers to. While no amount of money can replace a lost loved one, a wrongful death lawsuit can provide financial support and a sense of justice for the surviving family members. If you believe that your loved one’s death was caused by the negligence or misconduct of law enforcement, it’s essential to seek legal counsel and explore your options.