Suing the Police in California

Victims may consider filing a civil rights lawsuit in order to win financial compensation for the harm they have suffered if a law enforcement officer is found to be liable for misconduct. A legal consultation in California with a California lawyer would offer a person information about when and how a police officer can be sued in a civil court.

The California Tort Claims Act requires that a victim submit a written claim within the 6 months before a lawsuit is filed to the state, county, governmental agency or government employee that is alleged to be liable for police misconduct. So submitting a claim within 6 months before filing a lawsuit would be a first step.

Some of the more common California civil wrongs for which a person might consider suing the police include the following:

• Civil Battery
• Civil Assault
• Wrongful Death
• False Imprisonment
• False Arrest
• Negligence
• Defamation.

Victims of police misconduct might also be able to sue the police, because they have violated the First Amendment, Fourth Amendment or the Eighth Amendment to the U.S. Constitution. These actions result in violations of the civil rights of the victim, rights that are guaranteed by the U.S. Constitution, such as the right to speak freely. The right to be free of unreasonable detentions, searches and seizures by law enforcement, and the right to privacy are also among our most important constitutional rights.

The term “police misconduct” refers to conduct on the part of police officers who engage in behaviors that are either illegal or unconstitutional. Police misconduct is the illegal behavior of police officers, which may also take form as the following:

• Unlawful detention
• Use of excessive force
• Actions conducted by the police officer in reliance on racial profiling
• The false arrest of a person without probable cause
• Inappropriate use of police dogs
• Sexual harassment

Who Specifically Can I Sue for Police Misconduct?

A victim of police misconduct might sue the individual officer who perpetrated the violation and inflicted harm on them. They might also sue the law enforcement agency that employed the officer. That could be the local police department, a county sheriff, a state law enforcement agency, or a federal law enforcement agency, e.g., the Federal Bureau of Investigation (FBI) or Immigration and Customs Enforcement (ICE).

Can You Sue the Police for False Arrest in California?

False arrest or detention happens when the police detain a person or take them into custody without legal justification. This typically involves showing that the officer lacked probable cause, which is a reasonable belief that the individual committed a crime.

An arrest is illegal if the person making the arrest does not have the authority they must have to make it. In order to effect a legal arrest, a law enforcement officer must have one of the following:

• Probable cause or
• A valid arrest warrant.

An arrest can be legal when it begins, but turn illegal as it progresses.

The victim of a false arrest can file a lawsuit against the officer and the police department for violation of their civil rights. If it is filed in federal court, it would likely be a civil rights lawsuit pursuant to 42 U.S.C. § 1983.

Civil lawsuits can succeed if the victim can overcome an officer’s qualified immunity. The false arrest lawsuit can seek an injunction, which is a court order. If successful, the court can require the police department to:

• Retrain its officers
• Change their official policies regarding arrests
• Fire the offending officer.

A victim’s lawsuit may also seek an award of money damages. The damages could compensate the victim of false imprisonment for the cost of their medical care if they required that, lost wages, pain and suffering, and presumed damages for violation of their civil rights.

Can I Sue the Police Department for Violating My Rights in California?

The government and its employees, including police, generally have governmental immunity from being sued. However, under certain circumstances, the government waives this immunity to serve the goals of accountability and fairness.

Under 42 U.S.C. § 1983, a federal law that is known as “Section 1983,” a victim of police misconduct may sue an officer for money damages or an injunction, again, if they can defeat their qualified immunity. To do this, they must show the following:

• The officer violated a civil right that has been clearly established by courts.
• A reasonable officer should have known that their conduct was violating the victim’s established rights.

Courts usually rely on legal precedent to determine whether a right is clearly established. This means that a case in which a court ruled previously has similar facts, and the court found that the officer’s actions were unconstitutional in that previous case.

The U.S. Supreme Court emphasized that the illegality of the officer’s actions must be clear in the view of existing law. This is recognized as a stringent standard, one that is difficult to meet.

Depending on the consequences to the victim of the police misconduct or the cause of action for a civil tort lawsuit, victims may win compensatory damages, damages for pain and suffering, and in unusual cases in which the officer’s conduct was especially reprehensible, punitive damages also.

What Are My Chances of Success? What Damages Might I Be Awarded?

There are some things that a victim of police misconduct can do to increase their likelihood of success as follows:

• No Talking to the Police: A victim should not talk to the police outside of the presence of their lawyer. The police may well charge a victim of their misconduct with a criminal offense. The police would then try to question them. They may not warn the victim of their right to remain silent or to contact their lawyer, but the victim does have a right to remain silent. They may ask to speak to their attorney. They may tell the police that they are not going to answer questions and want to speak to their attorney.
• Take Pictures: If a victim has suffered physical injuries, they should take photos of them, both close-up photos and photos taken from a distance. They should also take photos of all the people, places and items that were involved in the incident. So, for example, if a car was involved, the victim would want to take pictures of it.
• Keep All Physical Evidence: A victim should keep any objects related to the incident at issue. They should keep their soiled or torn clothing, broken watch, damaged car and the like.
• Keep a Diary: A victim wants to keep a diary. They should start writing as soon as they can after the incident. We all forget things and a person needs to make notes about what happened, when, where and how they experienced and felt about it.
• Get and Keep Medical Records: A person should ask for copies of their medical records related to any treatment they receive for injuries they sustain. They want to keep them, as well as report medical treatment in their diary.

Do I Need an Attorney in California To Help Me if I Want To Sue the Police?

If you believe that you have been the victim of police misconduct, you want to talk to a California criminal defense attorney as soon as possible. Your lawyer will be able to analyze the facts of your case and determine what type of police misconduct is involved if there is misconduct. Your attorney will then know how to proceed to get you the remedy you deserve.