Video of Laquan McDonald shooting in Chicago, Illinois. Laquan McDonald, a black teenager, was shot by a Chicago police officer 16 times. It took the District Attorney’s office over a year to charge the officer with Murder. Below is a full copy of the Laquan McDonald Autopsy report.
Battery by Peace Officer
To establish a claim for battery in California against a police officer, Plaintiffs must prove all of the following: (if any element is missing, there is no battery by a police officer)
1. That officers touched the deceased or caused the deceased to be touched;
2. That the officers’ used unreasonable force to (arrest/prevent the escape of/overcome the resistance of) the deceased;
3. That the deceased did not consent to the use of that force;
4. That the deceased was harmed; and
5. That the officers’ use of unreasonable force was a substantial factor in causing the deceased’s harm.
A peace officer may use reasonable force to arrest or detain a person when he or she has reasonable cause to believe that that person has committed a crime. Even if the police officer is mistaken, a person being arrested or detained has a duty not to use force to resist the police officer unless the police officer is using unreasonable force.
Dash Cam Video Of Laquan McDonald Running Before Being Shot
When California jury’s decide whether a police officer used unreasonable force, they must determine the amount of force that would have appeared reasonable to a police officer in the officers’ position under the same or similar circumstances. California juries consider these 3 factors in a case like the Laquan McDonald shooting:
1. The seriousness of the crime at issue;
2. Whether the deceased reasonably appeared to pose an immediate threat to the safety of the police officers or others?; and
3. Whether the deceased was actively resisting arrest or attempting to evade arrest?
Disclaimer: The information contained in this post and website is not to be construed as legal advice. Each case and client is different and it is best to directly consult a licensed attorney in your region if you are involved in any legal matter.