Cities Seek to Limit Liability for Police Misconduct

Recent legal outcomes in police misconduct cases are raising questions about accountability and the ability of victims to receive full compensation. On Wednesday, Sean Grayson, a former Illinois sheriff’s deputy, was convicted of second-degree murder in the July 2024 shooting death of Sonya Massey. The case drew parallels to the 1984 shooting of Eleanor Bumpurs, a 66-year-old Black woman killed by a White New York City police officer during an eviction, a case that sparked debate over police use of force against individuals experiencing mental health crises.

While Grayson’s conviction marks a rare instance of a police officer facing criminal penalties for an on-duty shooting, accountability remains complex. National data indicates prosecutions of police officers are infrequent and have not increased significantly in recent years. Another recent case saw Clifford Proctor, a former LAPD officer, indicted on second-degree murder charges in the 2015 shooting death of Brendon Glenn, a Black homeless man. Both the Massey and Glenn families had previously reached civil settlements with the involved cities – $10 million and $4 million respectively – as did Bumpurs’ estate in 1990, receiving $200,000.

However, a potentially troubling trend is emerging regarding civil payouts. Two cities, Denver and Minneapolis, have recently taken legal steps that could limit the amount victims recover in settlements. In Denver, a jury awarded nearly $20 million to bystanders injured during a 2022 police shooting, but the city argued the shooting was an act of negligence, removing the case from a state law requiring the city to fulfill judgements over civil rights violations. This effectively makes only the officer liable for the judgement, a situation complicated by the fact that most officers have limited personal assets.

Similarly, a Minnesota appeals court ruled that Minneapolis does not need to defend or indemnify five officers accused of excessive force during the 2020 protests following George Floyd’s murder, citing “willful neglect of duty.” Legal experts suggest cities are increasingly exploring ways to avoid payouts by shifting liability to individual officers. While proponents argue this increases accountability, critics contend it hinders victims’ ability to receive full compensation for constitutional rights violations. UCLA law professor Joanna Schwartz notes that these indemnification denials are becoming more frequent and ultimately harm plaintiffs.