When Can Police Use Deadly Force in Luzerne County, Pennsylvania?

While police officers are sometimes justified in using deadly force, there are many situations where that force crosses the line into unlawful and unconstitutional conduct. In Luzerne County and throughout Pennsylvania, these cases often come down to one critical question:

Was the officer's use of deadly force objectively reasonable under the circumstances?

Understanding where that line is drawn can make the difference between a justified action and a civil rights violation or wrongful death case.

The Legal Standard for Deadly Force in Pennsylvania

Police are allowed to use force when it is necessary to:

• Protect themselves
• Protect others
• Effectuate a lawful arrest

However, the level of force must always be proportional to the threat.

Deadly force is considered the highest level of force, and it is only justified in extremely limited circumstances.

The Constitutional Rule – Objective Reasonableness

Under the Fourth Amendment, courts analyze police use of force using an “objective reasonableness” standard.

This means:

• The officer's actions are judged from the perspective of a reasonable officer on the scene
• Not with hindsight
• Not based solely on what the officer claims they believed

Key factors include:

• Whether the suspect posed an immediate threat
• Whether the suspect was armed
• Whether the suspect was actively resisting or fleeing

Limits on Deadly Force – What Police Cannot Do

Shooting a Non-Dangerous Fleeing Suspect

In the landmark U.S. Supreme Court case Tennessee v. Garner, the Court ruled that:

Police cannot use deadly force just to prevent someone from escaping

Officers must have a reasonable belief that:

• The person poses a serious threat of death or serious bodily injury

This applies directly in Pennsylvania, including Luzerne County cases.

When Deadly Force May Be Unlawful

Deadly force may be unjustified when:

• The person is unarmed
• The person is running away
• The person has hands visible or raised
• The threat has already ended or been contained

In these cases, the use of a firearm may constitute:

• Excessive force
• A civil rights violation
• Potential criminal conduct

Why Officers Are Rarely Charged

Even in questionable shootings, officers are often not charged. This is because:

The “Fear for My Life” Defense

Officers frequently claim they believed they were in danger.

This creates challenges because:

• Courts often give deference to split-second decisions
• Prosecutors must prove the force was clearly unreasonable

Lack of Clear Evidence

Cases may lack:

• Video footage
• Independent witnesses
• Clear forensic contradictions

Without strong evidence, accountability becomes difficult.

Legal Options After Unlawful Deadly Force

If you or a loved one has been harmed by police in Luzerne County, you may have the right to pursue:

Civil Rights Claims (42 U.S.C. § 1983)

These claims allow victims to recover damages for:

• Constitutional violations
• Excessive force
• Wrongful death

State Law Claims

Depending on the facts, additional claims may include:

• Wrongful death
• Survival actions
• Assault and battery

What To Do After a Police Shooting or Use of Excessive Force

If you are involved in or witness a police use-of-force incident:

Preserve Evidence Immediately

• Seek medical treatment
• Take photographs of injuries
• Identify witnesses
• Request surveillance footage

Be Careful What You Say

Avoid:

• Posting on social media
• Giving statements without legal counsel

How a Luzerne County Civil Rights Lawyer Can Help

Cases involving police shootings require immediate and aggressive investigation.

An experienced attorney can:

• Secure video and forensic evidence
• Interview witnesses before memories fade
• Challenge the officer's version of events
• Build a case showing the force was not objectively reasonable

The Bottom Line

Deadly force is only justified when there is a real and immediate threat of serious harm.  

If your civil rights were violated in Luzerne County or anywhere in Northeastern Pennsylvania, you may have the right to compensation—but acting quickly matters. Evidence can disappear, and deadlines apply. At Sklarosky Law, we offer free consultations and handle civil rights cases on a contingent fee basis, meaning you pay nothing unless we recover compensation for you.

Call (570) 283-1200 or use our online contact form to schedule a free consultation.