Atlanta Man Dies from Police Gunshot
An Atlanta man died in late June when a police officer fired into his moving vehicle, The Atlanta Journal-Constitution reports. The man, Deravis Caine Rogers, 22, was fleeing from a parking lot. The police officer, James Burns, suspected Rogers of breaking into cars in the lot. The officer shot Rogers in the head, and Rogers died of his gunshot wound.
Atlanta Police Fire Officer for Excessive Force
Rogers was not armed at the time of his fatal shooting. The officer was not in danger of being run over by Rogers’ car as he fled the scene. Georgia Bureau of Investigation guidelines discourage law enforcement officers from firing their weapons into moving vehicles for safety reasons. Roughly three weeks after the shooting, the Atlanta Police Department conducted an internal investigation into the shooting and fired the officer. The investigation found that Burns used excessive force because they found that there was no obvious threat toward the officer from Rogers, according to The Savannah Morning News. The termination of Officer Burns will take effect Tuesday, July 19. However, he has not been charged with any crime.
Georgia Law Holds Cities Responsible for Reckless Cops
In Georgia, survivors of a deceased person can sue the person who caused the death. Section 51-4-2 of the Georgia Code provides that a surviving family member can sue the person who caused the death if it was intentional or negligent. In general, employers are responsible for wrongful death caused by their employees while their employees are performing their job duties. City governments can claim immunity from lawsuits when the injuries happened because the government employee was doing their job. This is called sovereign immunity. However, sovereign immunity may not apply in cases where the police officer acted in reckless disregard for established police procedures.
Rogers Case Could Be Wrongful Death
In a case like that of Deravis Caine Rogers, a wrongful death lawsuit might succeed. Although Rogers is not alive to sue the Atlanta Police Department, his surviving family members could sue for wrongful death in his place. Even if Officer Burns did not intentionally kill Rogers, the investigation by the Atlanta Police Department seems to indicate that he acted without taking reasonable precautions for Rogers’ safety. The City of Atlanta could argue that they are immune from liability for Officer Burns’ actions, because he shot Rogers while performing his duties as a police officer. However, the surviving family members could argue that Burns was acting in reckless disregard for established police procedures by firing into a moving vehicle at an unarmed suspect.
Get Legal Help
If someone you know has been killed, you need legal advice. You may be entitled to compensation for the wrongdoing or negligence of those responsible. Get in contact with a wrongful death attorney at Williams Elleby Howard & Easter in Cobb County to find out more about your options.