There are numerous forms of harassment that an individual can sue a city for. Here is how to sue a city for harassment.
There is a five-step process when suing the city for harassment:
- Obtain an Attorney
- File a Notice of Claim with the City
- Wait for the City to Respond
- File a Lawsuit Against the city
- Go to Trial
Reasons to Sue a City for Harassment
Harassment claims in California are based on an extreme and unequal treatment that causes a victim to experience emotional, psychological, or physical distress. Examples of this behavior would include:
- A construction worker yells offensive/discriminatory slurs while working on the public property right next to your home
- Two city employees harass an individual when they are visiting a government building
- A police officer who uses excessive force frequently against a certain party
- A police officer who falsely arrests a certain person in a discriminatory/prejudiced manner
Related: Sexual Harassment By Police: What You Need to Know
How to Prove that a City is Responsible for the Harassment
In most cases, cities deny that harassment occurred. Providing the following as soon as possible will increase the chances of obtaining a settlement or having a successful case:
- The victim’s written and detailed description of the event(s)
- Witness statements
- Photographs, cellphone surveillance, or surveillance camera recordings
- Medical reports
- Expert witness testimony
- Other reports of harassment from the same city employee that harassed the victim
Related: How to Sue a City for Negligence in California
Common Defenses Raised by Cities in Lawsuits
The most common defense is that the victim failed to file a lawsuit within the statute of limitations.
- Actions outside of government capacity: The city is not liable if the city employee was acting outside the bounds of their authority.
- Sovereign Immunity: Government entities will argue that they are immune to private lawsuits. Hiring a civil rights attorney would be useful in this scenario.
What is California’s statute of limitations for suing a government entity?
In California, the statute of limitations for suing a city (or any other government entity) is six months.
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If you or a loved one would like to sue a city for harassment, get your free consultation with one of our experienced attorneys in California today!