Los Angeles brutality victim Rodney King, they have hesitated to take on cases in which officers have had to make a quick decision whether to open fire on a person they perceived to be dangerous.

No civil rights charges were brought in the 1999 case of Amadou Diallo, an unarmed African immigrant shot to death in the vestibule of a Bronx apartment building by officers who mistook his wallet for a gun. They also were not brought in the case of Eleanor Bumpurs, a mentally ill, 66-year-old black woman who was killed by two shotgun blasts fired by a police officer evicting her from her apartment in the Bronx in 1984.

"The split-second nature of the decision to shoot," Neufeld said, makes it difficult for prosecutors to argue that theofficers knowingly acted to deprive someone of a constitutional right.

Bell's family and the two survivors of the shooting may have better luck, though, with their lawsuit against the city. His companions that night were Joseph Guzman and Trent Benefield.

New York has a long history of multimillion-dollar payouts as a result of lawsuits brought by the families of people slain or beaten by police, including many settlements in cases where the officers were acquitted of criminal responsibility.

Even if the case goes to trial in civil court, Bell's family is in a good position for a victory, said Bob Conason, an attorney who helped Diallo's mother wrest a $3 million settlement from the city.

"Yes, they will have to try the case over again," he said, but the standard for proving