Losing a family member to police violence is one of the most devastating experiences a family can endure. What follows — trying to get answers, navigating a system that often protects the officers involved, and fighting for accountability — can feel impossible without experienced legal help.
At Stroebel & Stroebel, PLLC, we represent families in West Virginia whose loved ones were killed by law enforcement. These are among the most serious civil rights cases we handle, and we approach them with the seriousness, preparation, and willingness to fight that they demand.
The Legal Framework: When Police Use of Force Crosses the Line
Law enforcement officers have the authority to use force — including deadly force — in limited circumstances. The constitutional standard for excessive force comes from the Supreme Court’s decisions in Graham v. Connor (1989) and Tennessee v. Garner (1985):
- A police officer may use deadly force only when the officer has probable cause to believe that a suspect poses an immediate threat of death or serious bodily injury to the officer or others
- Deadly force is not permitted merely because a person is fleeing, unless that person is dangerous
- The reasonableness of the force is judged from the perspective of a reasonable officer on the scene — but this is an objective standard, not a blank check to justify any shooting
When an officer kills someone in circumstances that fall outside these boundaries, it may be an unconstitutional use of force — and the officer, and potentially the employing agency, can be held civilly liable.
How These Cases Are Brought: Section 1983 and Wrongful Death
Families who lose a loved one to police violence have two primary legal avenues:
Federal civil rights claim under 42 U.S.C. § 1983. This allows a lawsuit against the officer who used unlawful force, and potentially against the employing municipality or sheriff’s department (under Monell v. Department of Social Services) if the violation resulted from a policy, practice, or failure to train.
West Virginia wrongful death claim. Under West Virginia Code § 55-7-5 and § 55-7-6, the personal representative of the decedent’s estate can file a wrongful death lawsuit seeking compensation for the family’s losses.
These claims can proceed simultaneously and are often filed together in federal court. Paul E. Stroebel is experienced in the U.S. District Court for the Southern District of West Virginia, the U.S. District Court for the Northern District of West Virginia, and West Virginia state courts.
What Families Can Recover
In a successful police misconduct wrongful death case, the estate and surviving family may recover:
- Damages for the decedent’s pre-death pain and suffering (survival claim)
- Medical expenses incurred between injury and death
- Funeral and burial expenses
- Loss of income and financial support the deceased would have provided
- Loss of companionship, guidance, and services for surviving spouses, children, and parents
- Punitive damages against officers who acted with malice or reckless disregard for constitutional rights
- Attorneys’ fees under 42 U.S.C. § 1988 when the civil rights claim prevails
The Challenge of Qualified Immunity
Qualified immunity is the primary legal defense officers raise in excessive force cases. Under this doctrine, an officer cannot be held personally liable unless the law was “clearly established” at the time of the shooting — meaning a reasonable officer would have known the conduct was unconstitutional.
In practice, this has made it extremely difficult to hold individual officers liable even in cases where the shooting appears unjustified. Overcoming qualified immunity requires:
- Identifying prior court decisions establishing that the specific conduct was unconstitutional
- Building a record that prevents the officer from claiming good-faith reliance on legal uncertainty
- Where individual immunity shields the officer, shifting the focus to Monell liability against the agency
This is demanding legal work. It requires thorough knowledge of Fourth Amendment jurisprudence and federal civil rights litigation. We pursue it rigorously.
Pursuing the Department or Municipality
Individual officers often have limited personal assets and may be indemnified by their agency — making the government entity itself the meaningful defendant. Under Monell, a municipality or sheriff’s department can be held liable when:
- The unconstitutional act was the result of an official policy
- The unconstitutional act reflected a widespread custom or practice that was condoned by policymakers
- The agency’s failure to train officers was the moving force behind the violation
- A policymaker ratified the unconstitutional conduct after the fact
Monell claims require evidence of the agency’s training protocols, prior use-of-force complaints and incidents, internal affairs investigations, and disciplinary records. We pursue this evidence aggressively through discovery.
What to Do If a Family Member Was Killed by Police
In the immediate aftermath, take these steps:
- Preserve any evidence — videos, photographs, witness contact information
- Gather and hold onto all documents you receive from law enforcement or the medical examiner
- Contact an attorney immediately — investigation of these cases must begin quickly, before evidence is lost
We understand that families are also grieving during this time. We handle the legal process so that you don’t have to.
Frequently Asked Questions
The grand jury declined to indict the officer. Does that end the civil case?
No. The civil and criminal standards are completely different. A criminal prosecution requires proof beyond a reasonable doubt. A civil rights case is decided by a preponderance of the evidence — a much lower bar. Many families have prevailed in civil court even after a grand jury declined to indict.
What if the body camera was off or the footage is missing?
Missing or destroyed footage is a significant issue we address through discovery. Courts can impose sanctions — including adverse inference instructions to the jury — when evidence is not preserved. We investigate the circumstances of any missing footage carefully.
How long does a police misconduct wrongful death case take?
These cases are complex and can take years to fully litigate. Government defendants frequently file motions to dismiss and for summary judgment before trial. We persist through every stage of the litigation.
Is there a time limit to file?
West Virginia’s two-year statute of limitations generally applies. The clock begins running at the time of death, though tolling may apply in limited circumstances. Contact us immediately.
Contact Us — We Handle These Cases
If your family member was killed by law enforcement in West Virginia, we want to talk with you. Call Stroebel & Stroebel, PLLC at 304-346-0197 or complete the form on this page.
These are the cases that define what civil rights lawyers exist to do. We are prepared for this fight. Free consultation — call or message anytime.