{"id":371888,"date":"2016-03-31T21:34:32","date_gmt":"2016-04-01T02:34:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/police-misconduct-claims-in-california.html"},"modified":"2026-02-16T16:26:16","modified_gmt":"2026-02-16T21:26:16","slug":"police-misconduct-claims-in-california","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/police-misconduct-claims-in-california.html","title":{"rendered":"Police Misconduct Claims in California"},"content":{"rendered":"\n
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Police Misconduct Claims in California<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Police misconduct<\/span> is any illegal or unethical action taken by law enforcement<\/span> that violates a citizen\u2019s constitutional rights<\/span>. Police misconduct<\/span> can include excessive force<\/span>, false arrest<\/span>, racial profiling<\/span>, sexual assault<\/span>, and denial of medical care while in custody. Victims of <\/span>police misconduct<\/span> may request an internal investigation, ask for criminal charges<\/span>, or sue for civil rights<\/span> infringement or personal injury actions<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Police misconduct<\/span> has become a catchall term for any police action that involves the use of force<\/span>. In California<\/span>, police misconduct<\/span> is defined in the California<\/span> Penal Code, and individuals can press criminal and civil charges against an officer who violates their rights.<\/p>\n

Law enforcement<\/span> officers<\/span> have broad legal powers to carry out their duties. The law recognizes that not everyone takes their arrest quietly, so police officers<\/span> may use reasonable force to protect themselves and others. However, police departments<\/span>, state agencies, and the U.S. Constitution all strictly limit when and how officers may use force.<\/p>\n

Excessive force<\/span> or police brutality<\/span> violates a victim\u2019s Constitutional rights<\/span>. However, police misconduct<\/span> cases<\/span> are difficult to file in court thanks to the legal theory of qualified immunity<\/span>. Victims need help from a civil rights<\/span> attorney<\/span><\/a> to successfully file a police misconduct<\/span> claim<\/span> in court.<\/p>\n

Police Misconduct<\/span> and Civil Rights<\/span> Violations<\/strong><\/h2>\n

Under the U.S. Constitution<\/a> and California<\/span> law<\/span>, anyone detained by police has certain legal rights. These include:<\/p>\n