When a law enforcement officer shoots and kills someone, the first question most people ask is simple:
Was this legal—and can anyone be held responsible?
That question is at the center of a recent, highly publicized shooting involving an ICE agent and a woman named Renee Good in Minnesota. The incident has sparked national debate, not just about politics, but about something much more practical and important:
What legal options does a family actually have after a deadly police or federal agent shooting?
Let’s break this down in plain English—and explain how this would work if something like this happened in New York.
Criminal Case vs. Civil Case: What’s the Difference?
There are two completely separate legal paths after a police or agent-involved shooting:
- Criminal case – The government prosecutes the officer.
- Civil case – The victim’s family sues for wrongful death or civil rights violations.
These cases have different goals:
- Criminal cases are about punishment (jail, conviction).
- Civil cases are about accountability and compensation.
Why Criminal Charges Are So Hard to Win
In criminal court, prosecutors must prove guilt beyond a reasonable doubt—the highest legal standard in the system.
In cases like this:
- The public is often deeply divided about what happened.
- Some people believe the shooting was justified.
- Others believe it was completely unnecessary.
If a jury can’t unanimously agree, there is no conviction.
Even if an officer can be charged, history shows that convictions in these cases are rare, especially when the officer claims self-defense.
Can Federal Agents (Like ICE) Be Prosecuted by a State?
Yes—states can prosecute federal officers if they violate state criminal laws.
But in reality:
- These cases are politically and legally complicated
- And they are very difficult to win
So even when something looks wrong, criminal accountability is far from guaranteed.
Civil Lawsuits: Where Families Usually Turn
This is where things get even more complicated—especially when the officer is federal instead of state or local.
If This Happened in New York and the Officer Was NYPD or State Police
The family could bring a lawsuit under a federal civil rights law called:
42 U.S.C. § 1983
This law allows people to sue state and local officers for violating constitutional rights, including:
- Excessive force
- Wrongful death
- Unlawful shootings
But ICE Is Federal — And That Changes Everything
There is no equivalent law that easily lets you sue federal officers.
Instead, families must rely on a very narrow, judge-made rule from a Supreme Court case called Bivens.
And here’s the problem:
The Supreme Court has been shrinking and limiting Bivens for years.
In a recent case, the Court ruled that:
- If the incident involves border enforcement or “national security”, courts may refuse to even allow the lawsuit to exist
Since ICE operations are often justified as “national security,” this creates a huge legal barrier for families.
What About New York Laws? Could NY Make ICE Liable?
New York’s Governor has suggested passing a law to allow lawsuits against ICE agents in New York.
But legally, this runs into big problems:
- Federal law usually overrides state law
- This is called federal preemption
- States generally cannot create new ways to sue the federal government
That’s why many legal scholars are now calling on Congress to pass a law giving people the same rights against federal officers that already exist against state and local police.
What Standard Is Used to Judge Police Use of Force?
In 2025, the U.S. Supreme Court clarified an important rule:
Courts must look at the entire situation, not just the split second when the trigger was pulled.
That means judges and juries can consider:
- Did officers escalate the situation?
- Did they try to de-escalate?
- Did they put themselves in danger unnecessarily?
- Were there conflicting commands?
- Was deadly force avoidable?
This is important in cases like this one, where video shows chaos, confusion, and rapid escalation.
What Is “Qualified Immunity”?
Even in civil cases, officers have a powerful defense called qualified immunity.
It protects officers unless:
They violated a clearly established constitutional right.
In simple terms:
- If courts haven’t already ruled that almost the exact same conduct is illegal, the officer may be immune—even if what they did seems wrong.
Why This Matters to New Yorkers
If something like this happened in New York and involved:
- NYPD
- State Troopers
- County police
👉 The family would likely have a viable civil rights case.
If it involved ICE or another federal agent:
👉 The case would be much harder or possibly impossible, even if the facts are disturbing.
That gap in accountability should concern everyone, regardless of politics.
The Bigger Picture: Power Needs Oversight
You might agree with law enforcement in this case.
You might not.
But laws like these exist because:
Power always needs oversight—and the rules must apply no matter who is in office.
Today it’s one situation.
Tomorrow it could be a completely different one.
Final Thoughts
- Criminal cases against officers are rarely successful
- Civil lawsuits against state and local police are possible
- Civil lawsuits against federal agents are extremely limited
- New York cannot easily fix this on its own
- Only Congress can close this accountability gap
If You or a Loved One Was Seriously Injured by Police in New York
You should speak to a civil rights or serious injury attorney immediately. These cases are complex, time-sensitive, and heavily defended.