The family of a Pennsylvania man who died while in police custody recently learned it would be able to file a wrongful death lawsuit against the borough, former police chief and captain it believes are responsible for his death. The chance to pursue this lawsuit was made known in a memorandum issued by a U.S. District Judge.
The parents of the man, who died in November 2004, initially filed a wrongful death lawsuit in November 2006. In it, they claimed that the police killed him and then attempted to make it appear as though he had committed suicide. Though the man was reportedly found hanging in a cell, his parents alleged that he was actually beaten to death by the officers.
In addition to punitive damages of more than $150,000, they also sought unspecified actual damages and attorney fees and costs.
No one wants to have to file a wrongful death lawsuit. It is probably fair to say that most families would instead prefer that their loved one was with them alive and well. Since that is obviously not possible and criminal charges are not always warranted, it is important that people who have lost a loved one realize they may be able to file this type of civil lawsuit. The financial compensation often makes it easier for those left behind to move forward with their lives.
While navigating the court system in this time of case can be difficult, for many it is worth it. Aware of this difficulty, an attorney experienced with wrongful death lawsuits often makes it easier to handle.
Source: Republican Herald, "Judge allows federal wrongful death lawsuit against Shenandoah, police," Peter E. Bortner, Feb. 17, 2012