It’s hard to imagine someone you love being hurt by a police shooting. It’s unfathomable thinking of a child in that same situation. In a published report by the Journal of Adolescent Health, which took data from 2021 to 2023, 317 minors were injured by police shootings. Of those 317, 33% were fatally injured. In cases such as these, it may feel like there is nothing you can do, but you have options for legal action. Understanding what your legal rights are after a tragic event like this is not only important, it’s paramount.

In the state of California every minor has rights under the law. If a minor was involved in a non-fatal police shooting and is taken into custody, they are read their Miranda Rights and are allowed to stay silent. They also have the right to an attorney, free of charge. In the case of Hannah Williams, it never got that far. The 17-year-old was driving her car on the 91 Freeway in Anaheim in 2019 when she collided with a police car, attempting a U-turn into oncoming traffic. As police responded, Williams stepped out of her vehicle and was holding a fake gun at the officer. The officer fatally shot Williams.

shooting case

Police Shootings of Minors: What Rights do Victims and Families Have?

If your child has been involved in a police shooting, you have the right to file a complaint against the law enforcement agency in which the shooting took place. Any agency is required by law (penal code 832.5) to “establish a procedure to investigate complaints.” If you are alleging that a police officer has committed a crime and your complaint was not resolved, you can contact the county district attorney where the agency is located. If, again, your complaint was not resolved, you can contact the Attorney General’s Office. The Attorney General will review the complaint for possible investigation. You can also hire an attorney like Cameron Sehat at this time to help guide you through this process.

Fatal or Serious Injuries

In the case of a fatal shooting, serious injury, or emotional damage because of police fire, the family of the victim has the right to also contact places of resource.

The Victim’s Services Unit of California serves victims and their families and connects them to the proper resources. Through this avenue, victim’s families, or next of kin, can receive information and also be led through the criminal justice process. In addition to VSU, families can also seek compensation for their losses. The California Victim Compensation Board helps victims and their families to access legal action including applications, temporary restraining orders, and other resources.

 

Although it does not erase the past, or remedy future minor fatalities, California passed a law only allowing police officers to use deadly weapons when “necessary,” not when “reasonable,” as it was before the law was passed. The law also allows prosecutors to take into account the actions of the officer before the event. It also prohibits the use of deadly weapons against fleeing felons.

If you are a family member whose child has been involved in a police shooting, you do not need to sit still. There are ways to find justice, compensation, and hopefully some peace. Please contact our civil rights law firm today to learn more about how we can help.