Bakersfield Reaches $22 Million Settlement in Wrongful Death Lawsuit Involving Former Police Officer

The City of Bakersfield, California recently agreed to pay $22 million to settle a wrongful death lawsuit involving a former police officer. This settlement ranks among the largest of its kind in Kern County history and underscores the serious legal consequences that can follow when law enforcement officers use excessive or deadly force against civilians.

For families who have lost loved ones due to the actions of police officers or other public employees, this case serves as a powerful reminder that accountability is possible — and that the civil justice system provides a pathway to compensation even when criminal charges are not pursued.

What Happened in the Bakersfield Wrongful Death Case

According to published reports, the City of Bakersfield reached a $22 million settlement to resolve a wrongful death lawsuit filed against the city and a former member of its police department. The lawsuit alleged that a former Bakersfield police officer was responsible for the death of the victim, prompting the family to pursue civil claims against both the officer and the municipality.

Settlements of this magnitude typically reflect the strength of the evidence supporting the plaintiff’s claims, the severity of the loss suffered by the family, and the potential liability the city faced if the case had gone to trial. While the specific details of the incident may vary, cases involving police use of force often raise critical questions about officer training, departmental policies, and whether the force used was reasonable under the circumstances.

Understanding Wrongful Death Claims in California

California law allows certain family members to file a wrongful death lawsuit when a person dies as a result of another party’s wrongful act or negligence. Under California Code of Civil Procedure Section 377.60, the following individuals may bring a wrongful death claim:

• The deceased person’s surviving spouse or domestic partner
• The deceased person’s surviving children
• If there is no surviving spouse or children, other individuals who would be entitled to the decedent’s property under California’s intestate succession laws

In cases involving law enforcement, families may also bring claims under 42 U.S.C. § 1983, the federal civil rights statute. Section 1983 allows individuals to sue state and local government officials — including police officers — who violate constitutional rights, such as the right to be free from excessive force under the Fourth Amendment.

Municipal Liability and Police Use of Force

When a police officer causes a wrongful death, the employing city or county may also be held liable. Under the legal doctrine established in Monell v. Department of Social Services, a municipality can be sued under Section 1983 if the officer’s unconstitutional conduct resulted from an official policy, custom, or a failure to properly train or supervise officers.

The $22 million settlement in the Bakersfield case suggests that the city determined it faced significant exposure at trial — either because the evidence of excessive force was strong, because departmental policies were deficient, or both. Cities often choose to settle these cases to avoid the uncertainty and expense of a jury trial, as well as the risk of an even larger verdict.

California’s Statute of Limitations for Wrongful Death

Families considering a wrongful death lawsuit in California should be aware of the applicable time limits for filing a claim:

• State wrongful death claims: Under California Code of Civil Procedure Section 335.1, the statute of limitations for wrongful death is two years from the date of death.
• Federal civil rights claims (Section 1983): California’s two-year personal injury statute of limitations also applies to federal civil rights claims arising in the state.
• Government claims requirement: Before suing a California city or county, claimants must file an administrative claim with the government entity within six months of the incident under the California Government Claims Act (Government Code Section 910 et seq.). Missing this deadline can bar the lawsuit entirely.

Because these deadlines are strict and unforgiving, families who have lost a loved one due to police misconduct or any other wrongful act should consult with a personal injury attorney as soon as possible to preserve their legal rights.

What Damages Can Be Recovered in a Wrongful Death Case?

California does not impose a cap on damages in most wrongful death cases, including those involving police misconduct. Recoverable damages may include:

• Loss of financial support the deceased would have provided to the family
• Loss of companionship, love, and moral support
• Funeral and burial expenses
• Loss of household services the deceased would have contributed
• The value of personal training, guidance, and education the deceased would have provided to children

In cases brought under Section 1983, families may also recover punitive damages against the individual officer if the conduct was particularly egregious. Additionally, prevailing plaintiffs in federal civil rights cases may be entitled to recover attorney’s fees under 42 U.S.C. § 1988.

Frequently Asked Questions

Can a family sue a city for a wrongful death caused by a police officer?

Yes. Under both California state law and federal civil rights law (42 U.S.C. § 1983), families may sue individual officers and the employing municipality. The city may be liable if the officer’s conduct resulted from an official policy, a widespread custom, or inadequate training and supervision. The $22 million Bakersfield settlement demonstrates that cities can face substantial financial liability in these cases.

How long does a family have to file a wrongful death lawsuit in California?

Under California law, the statute of limitations for wrongful death is generally two years from the date of death. However, when suing a government entity such as a city or county, the family must first file an administrative claim within six months of the incident under the California Government Claims Act. Failing to meet this earlier deadline can prevent the lawsuit from moving forward, making it critical to seek legal advice promptly.

What makes a police use-of-force case different from other wrongful death claims?

Police use-of-force cases often involve both state tort law and federal constitutional law. Families may pursue claims for negligence or battery under state law while simultaneously bringing a Section 1983 civil rights claim for violations of the Fourth Amendment’s prohibition on unreasonable seizures. These cases require specialized knowledge of law enforcement procedures, constitutional standards, and government immunity defenses. An experienced wrongful death attorney can evaluate which legal theories offer the strongest path to recovery.

Protecting Your Family’s Legal Rights

Losing a loved one under any circumstances is devastating. When that loss results from the actions of someone entrusted to protect the public, the grief can be compounded by feelings of injustice and betrayal. The legal system provides a mechanism for families to hold responsible parties accountable and obtain compensation for their losses.

The attorneys at Maxx Compensation have experience handling complex wrongful death cases, including those involving law enforcement and government entities. Every case begins with a free, confidential consultation to help families understand their legal options and the potential value of their claim.

If a family member has been killed due to police misconduct, excessive force, or any other wrongful act, contact Maxx Compensation today at 877-462-9952 for a free consultation. Time limits apply to these claims, so it is important to act quickly to protect the family’s right to pursue justice and full compensation.