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U.S.|Why a Police Shooting Victim’s Family Won’t Get a $100 Million Payout
https://www.nytimes.com/2024/11/21/us/botham-jean-settlement-compensation.html
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Cities have paid out billions of dollars in police misconduct cases, but depending on the case, families may not receive any money at all. A recent $100 million penalty for a police shooting case in Dallas may never lead to a payout.
Nov. 21, 2024, 7:37 p.m. ET
The family of George Floyd received $27 million after he was killed by police officers in Minneapolis. The family of Breonna Taylor got $12 million. Richard Cox, who was paralyzed after a ride in a police van in New Haven, Conn., got $46 million.
But the family of Botham Shem Jean, who was killed by an off-duty officer, Amber R. Guyger, as he watched television in his apartment in Dallas in 2018, may never see a penny.
That is not because the courts did not value his life. On Tuesday, a jury awarded his family almost $100 million. The difference lies, rather, in who was held responsible for his death.
How do police violence cases usually work?
In many high-profile cases of police violence, the city or county where the misconduct occurred is responsible for any payout connected to wrongful death or injury. Those taxpayer-funded payouts have amounted to billions of dollars: In 2023, New York City paid nearly $115 million in police misconduct settlements, according to an analysis by the Legal Aid Society.
Awards to victims or their families can vary greatly, depending on factors such as the projected earnings over a victim’s lifetime, the sympathies of juries in a given jurisdiction and the amount of publicity generated by the case. Some families win money in civil rights claims even when the officers involved are not criminally charged or disciplined.
But in order to have a successful case, plaintiffs must surmount at least two significant legal obstacles. First, officers are granted qualified immunity from lawsuits if victims cannot show that the officers have violated their “clearly established” rights. Second, municipalities can be held responsible only if the plaintiff’s rights were violated because of a negligent policy or practice — for example, if the police department had ignored previous bad behavior on the part of an officer or had failed to properly train its officers.
