Except this is America. It's pretty much impossible to prove that the discharge was unnecessary, same as it's impossible to prove that cop killed someone unnecessarily. That's why people demand damages from the city, not the cop himself. You can argue that the police force was run incorrectly and demand money from the people that run it but the cop is always innocent. I know this is BS but this is how it works. That's why money should come from the retirement found. If the entire organization is responsible the entire organization should pay.