Police Misconduct Claims in California

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

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

Excessive force or police brutality violates a victim’s Constitutional rights. However, police misconduct cases are difficult to file in court thanks to the legal theory of qualified immunity. Victims need help from a civil rights attorney to successfully file a police misconduct claim in court.

Police Misconduct and Civil Rights Violations

Under the U.S. Constitution and California law, anyone detained by police has certain legal rights. These include:

• Police cannot search you without probable cause (Fourth Amendment)
• You have the right to remain silent and refuse to answer questions without your attorney present (Fifth Amendment)
• You have the right to request an attorney and to know your charges (Sixth Amendment)

You have the right to due process and to have your case heard before a judge via the Fifth and Fourteenth Amendments. The police can arrest you, but they cannot question you, search you, or prevent you from talking to your lawyer unless they have probable cause or your consent.

Police have a duty to protect the public, and may use reasonable force when necessary to arrest an individual. If guilty of using excessive force, they break the laws of California and are subject to disciplinary action.

Governmental Immunity

Under the legal doctrine of “government or sovereign immunity,” citizens cannot sue the government unless the government waives that immunity. Some federal regulations include clauses that waive immunity, allowing people affected by the regulation to file lawsuits.

Government agents and law enforcement agencies have “qualified immunity.” That is, while they are acting “under color of law,” victims cannot sue them if they are acting in their lawful capacity as government agents.

U.S. code permits victims of police misconduct to file civil rights lawsuits. Commonly called a “1983 suit,” this federal law acts as an adjunct to other civil rights acts and permits lawsuits for any type of police misconduct.

To qualify for a 1983 suit, the officer must be acting under color of law (acting in their official capacity as a sworn officer) when they deprive another individual of their rights, privileges, or immunities. Acts that might qualify for a 1983 lawsuit include:

• Use of excessive force
• Racial profiling (arrests based on race rather than probable cause)
• False arrest or wrongful detention
• Denial of medical treatment or other care in a holding facility
• Wrongful death in a jail or prison

Other acts may qualify as well. It will depend on the circumstances of the case.

Filing a California Police Misconduct Claim

California state law allows victims of police misconduct to file legal action for any injuries suffered. It’s recommended that plaintiffs retain a police misconduct attorney. The process is complicated and time-sensitive and complicated, so it’s a good idea to secure legal assistance before proceeding.

Administrative Complaint

Under California law, Penal Code section 13510.8 outlines the types of serious misconduct that could result in the revocation of a peace officer’s badge. All agencies must have a procedure by which members of the public can report misconduct, and an internal method of investigating and evaluating such reports.

Filing a false report is a misdemeanor. Prison inmates must exhaust all administrative remedies before moving to the next step.

Filing a 1983 Lawsuit

In California, you have two years from the date of injury to file a personal injury lawsuit. Before that, you’re required to file a Notice of Claim with the government within six months of the alleged incident. A civil rights lawyer or a personal injury attorney with knowledge of how to file your 1983 claim is a powerful ally to have in your legal corner for the coming fight.

State Civil Action

If the federal court dismisses your 1983 suit, you may still have a separate cause of action in the state courts. You can file a civil action with the state of California for the intentional tort of assault, battery, false arrest, or other cause. Your attorney can advise you on which claim to pursue in your case.

Criminal Charges

In some cases, the police misconduct may warrant criminal charges. Overcoming the burden of proof is difficult, but you should consider it in cases of wrongful death, sexual assault, or serious injuries. You should take these steps immediately after hiring an attorney:

• Report the offense to the offending officer’s station or department
• If you do not hear from them or they fail to act, contact the District Attorney
• If the local District Attorney does not act, report the crime to the California Department of Justice

You should have an attorney help you gather the evidence needed to pursue a criminal case. The District Attorney or California DOJ will ask you for proof of your allegations, including times, dates, and names of witnesses.

Get Legal Advice From a California Civil Rights Attorney

Filing a claim against a police agency or officer can be intimidating and make you feel as if all the laws are on their side. A California civil rights attorney can help you swing things back in your direction and get justice for your police misconduct claim.