Even If Walter Scott’s Family Wins in Court, the Cop Won’t Pay a Dime

Anthony Scott holds a photo of himself, center, and his brothers Walter Scott, left, and Rodney Scott, right, at his home near North Charleston, S.C., April 8, 2015. Chuck Burton/AP

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


The family of Walter Scott, the man who died on Saturday after being shot eight times by North Charleston police officer Michael Slager, has decided to sue Slager, the city of North Charleston, and its police department. The civil lawsuit, which will seek damages for wrongful death and civil rights violations, follows murder charges already filed against the now-dismised officer.

Scott’s family is hardly the first to seek civil damages after a police killing. In recent months, relatives of Mike Brown, Tamir Rice, and Eric Garner have all pursued civil court claims, where success isn’t contingent on a criminal ruling against any police officer. But in the event that the Scott family wins a settlement, it’s highly unlikely that Slager himself will have to pay. As I reported in January:

Instead, taxpayers will shoulder the cost. Between 2006 and 2011, New York City paid out $348 million in settlements or judgments in cases pertaining to civil rights violations by police, according to a UCLA study published in June 2014. Those nearly 7,000 misconduct cases included allegations of excessive use of force, sexual assault, unreasonable searches, and false arrests. More than 99 percent of the payouts came from the city’s municipal budget, which has a line item dedicated to settlements and judgments each year. (The city did require police to pay a tiny fraction of the total damages, with officers personally contributing in less than 1 percent of the cases for a total of $114,000.)

This scenario is typical of police departments across the country, says the study’s author Joanna Schwartz, who analyzed records from 81 law enforcement agencies employing 20 percent of the nation’s approximately 765,000 police officers. (The NYPD, which is responsible for three-quarters of the cases in the study, employs just over 36,000 officers.) Out of the more than $735 million paid out by cities and counties for police misconduct between 2006 and 2011, government budgets paid more than 99 percent. Local laws indemnifying officers from responsibility for such damages vary, but “there is little variation in the outcome,” Schwartz wrote. “Officers almost never pay.”

Schwartz’s study did not include North Charleston or any other law enforcement agency in South Carolina. But if other jurisdictions serve as any indication, Slager likely won’t pay a dime, even if a jury finds him guilty of murdering Scott. Out of the 7,000 cases of police misconduct Schwartz studied, only 700 officers were convicted of a criminal charge. And only 40 officers ever contributed to a civil settlement out of their own pocket.

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate