Filing a Lawsuit for Police Misconduct in the State of California
In California, police misconduct counts as a civil rights violation. Here’s how to file a lawsuit for police misconduct in California.
Filing a lawsuit for police misconduct in California must be done in a timely manner, as there are many deadlines in such cases. In order to file a lawsuit for police misconduct, one must first file a notice of claim.
What is police misconduct?
Police misconduct occurs when illegal or inappropriate behavior is exhibited by police officers while they are in their official capacity. Police misconduct typically results in a civil rights violation, and can take several different forms including but not limited to:
- False arrest
- Committing perjury
- Relying on racial profiling
- Excessive force
Victims of police misconduct are entitled to judicial relief or a remedy. Remedies may take several forms including:
- A civil rights lawsuit that demands monetary damages and/or an injunction
- Monetary damages demanded by a Bivens claim
- Filing an internal affairs complaint with the police department the officer works for
- Criminal prosecution of the police officer that committed misconduct
Related: Police Misconduct Laws in California
How does one file a lawsuit for police misconduct in California?
If an individual wants to file a lawsuit for police misconduct, it is important to do so in a timely manner. A notice of claim must be filed with the police agency within six months of the occurrence of misconduct to preserve the right to sue. This is especially important in false arrest and false imprisonment cases. Filing a claim does not indicate the beginning of a lawsuit, but rather serves the purpose of informing the government that there is an intention to file a lawsuit one year from the date at which the misconduct took place. A notice of claim must be filed prior to filing a lawsuit. Upon filing the notice of claim, individuals have six months to file a lawsuit – this would make it one year from the date at which the incident occurred.
Filing the notice of claim involves a few steps including:
1. Determining the necessary agency to address the notice of claim.
Different claims arise under different federal laws, therefore which agency has control can vary.
2. Contacting the appropriate department’s Office of Civil Rights.
Federal agencies have different offices for different civil rights violations.
3. Drafting and filing the notice of claim.
The claim should include the claimant’s full name and contact information, as well as an in-depth description of the incident that violated one’s own civil rights. Furthermore, the name and contact information of the party that allegedly acted illegally or inappropriately should be included. Information on any witnesses should also be submitted. This claim can be filed in-person, in writing, or over the phone.
4. Following up to see if the notice of claim will be further investigated or dismissed.
If the agency does not have the legal authority to investigate the claim and thus decides to dismiss it, they may recommend mediation to resolve the claims. If the agency decides to investigate the claim, they may ask for more information related to the case.
In order to win the police misconduct case, it is important to provide evidence that supports the claim one is presenting. This includes ensuring existing evidence is preserved. Examples of this can include taking photographs of any injuries or damage, maintaining the conditions of clothing or blood-stained items from the site of the incident, and writing down details pertaining to the event as soon as possible to make sure they are not forgotten
What are the most common rights that are violated in police misconduct?
Some of the most commonly violated rights featured in police misconduct cases include:
- Freedom of speech
- Right to privacy
- Right to due process prior to being restricted from life, liberty, or property
- From from unreasonable searches and/or seizures
- Prevention from cruel and unusual punishments
The aforementioned rights are can be violated by state actors, including:
- Officers at law enforcement agencies (including the ICE or DEA)
- Police officers
- Sheriffs
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